1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?

Administrative Office of the Courts; Department of Labor; Division of Youth and Family Services; County Sheriff's Departments; County Departments of Law

2. What is the name of your IV-D agency?

Division of Family Development, Office of Child Support Services

3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.

New Jersey uses a judicial process to establish orders and a combination of administrative and judicial to enforce orders. For Additional Information - No Link Provided

4. Does your state use the following applications: EDE, CSENET, QUICK?

Yes, all three.

5. Describe special requirements for telephonic or video participation in two-state actions.

None. According to New Jersey state law, the physical presence of the petitioner in a responding tribunal of this State is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage (N.J.S.A. 2A:4-30.92(28)a). For Additional Information - No Link Provided

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).

The age of majority is 18 years old; however attaining this age does not automatically emancipate the child. Child support is automatically terminated at age 19. Child support may continue beyond 19 in certain circumstances, not to exceed the child's 23rd birthday. Child support will also terminate by operation of law whenever a dependent marries, enters military service, or passes away. N.J.S.A. 2A:17-56.67 et seq. For Additional Information - No Link Provided

2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

Child support is automatically terminated at age 19. Child support may continue beyond 19 in certain circumstances, not to exceed the child's 23rd birthday. Child support will also terminate by operation of law whenever a dependent marries, enters military service, or passes away. For Additional Information - No Link Provided

3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.

No For Additional Information - No Link Provided

4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.

Yes. Continuation of support past the age of 19, not to exceed the child's 23rd birthday, may be requested if the child is enrolled fulltime in secondary or post secondary education. If the child suffers from a severe mental or physical incapacity, support may continue beyond the child's 23rd birthday. For Additional Information - No Link Provided

5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.

The child support order states that the child support ceases prior to the normal duration. Motion is filed by one of the parties and the court agrees to terminate support. Parties reconcile and agree to terminate support. For Additional Information - No Link Provided

6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?

N/A

7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.

No, but it would depend if the support order is allocated or unallocated. Allocated orders will be reduced by the amount allocated for the terminated obligation. Unallocated orders will remain the same.

8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.

New Jersey will accept motions or applications on cases up until the child reaches 23 years of age.

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?

None. For Additional Information - No Link Provided

2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.

5 years beyond the childs 18th birthday. For Additional Information - No Link Provided

3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?

No. For Additional Information - No Link Provided

4. Can the statute of limitation for enforcement be extended or waived? If yes, under what circumstances and for how long?

N/A

4. Support Order Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?

Shared Income Model For Additional Information - No Link Provided

2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)?

No. For Additional Information - No Link Provided

3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.

No. For Additional Information - No Link Provided

4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.

No.

5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.

Yes, if ordered to do so by the court.

6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?

A new order would be need to be established for the person/entity to be the recipient of the ordered child support.

7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?

No.

7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain.

No.

8. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?

Yes, change of beneficiary can only be done when the former custodial parent and current custodial parent are receiving TANF benefits. If a non-biological guardian has custody of a child, a new support order would need to be established.

9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit?

Any amount that the CP receives directly from the NCP’s Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit is factored into the NJ Child Support Guidelines when calculating support.

9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how?

N/A

10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.

NJ Court Rule 5:7-10 states. “Discretionary Temporary Suspension of Enforcement, Remedies, Obligations. Except as provided by law and these Rules, the trial court, in its discretion, may enter an order:(i) temporarily suspending judicial enforcement or administrative enforcement of an existing child support provision in an order;(ii) temporarily suspending specifically identified judicial or administrative enforcement remedies in an existing child support provision of an order;(iii) temporarily suspending all obligations; or(iv) temporarily suspending the current support obligation only.” For Additional Information - No Link Provided

11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?)

N/A

12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state?

N/A

13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits?

N/A

14. Does your state child support agency have a debt compromise program?

State of New Jersey does not employ a permanent debt compromise program, but will do targeted amnesty and debt compromise initiatives through the year.

15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?)

Arrears payment rate will typically stay the same amount that was previously ordered. If the IWO is for $50/week for current and $25/arrears and the child emancipates and current support is stopped – the IWO is re-issued to the employer for $25/week.

16. When there is an existing support order between the parents of a child and the child’s residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

issue of primary custody would need to be addressed before child support is addressed.

5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.

Yes, if the complaint filed also requests that custody and visitation be considered the court will address the issue. For Additional Information - No Link Provided

2. How is genetic testing coordinated within your state when the other party is in another state?

95% For Additional Information - No Link Provided

3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

NJSA 9:17-41, however was amended in 1998 to allow 60 days to rescind For Additional Information - No Link Provided

4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).

Yes, but a presumption may be rebutted by clear and convincing evidence as determined by the Court. For Additional Information - No Link Provided

5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.

No, a name on a birth certificate is a rebuttable presumption. For Additional Information - No Link Provided

6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.

No. For Additional Information - No Link Provided

7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe.

N/A

8. What, if any, is the agency name and link for your state’s putative fathers’ registry?

Any document on file with the child support agency. No fees. For Additional Information - No Link Provided

9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?

New Jersey can provide any and all documents we have access to on our automated child support system. Documentation can also be requested from the client.

10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?

No. For Additional Information - No Link Provided

10.1 Describe any circumstances under which these fees may be waived?

N/A

11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.

New Jersey does not recognize common-law marriage.

12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.

New Jersey eliminated common-law marriage in 1939. Couples must obtain a marriage license and formal ceremony to be legally married.

13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?

Yes, one intergovernmental packet with separate Declarations in Support of Establishing Parentage forms for each child listed on the order.

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Judicial

1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.

N/A For Additional Information - No Link Provided

1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.

If paternity has not been determined before the initial support conference, the CWA/CSU follows judicial procedures to establish paternity. For Additional Information - No Link Provided

2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?

Custodial parent's gross income/ assets; prior child support court orders; child care costs; special medical needs of the child; second family involvement. For Additional Information - No Link Provided

2.1. What documentation is required as proof/evidence of this information?

Financial documentation

3. What criteria for rebutting your presumptive guidelines have been established in your state?

A written or specific finding on the record is required, stating that the amount is unjust or inappropriate. For Additional Information - No Link Provided

4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).

No. For Additional Information - No Link Provided

4.1. What information or documentation does your state require to proceed with establishing support for prior periods?

N/A For Additional Information - No Link Provided

4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?

Yes

4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.

Yes For Additional Information - No Link Provided

5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?

Yes For Additional Information - No Link Provided

5.1. What about when public assistance is not being expended?

Yes, temporary custody can be given and a support order entered.

6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?

Modification For Additional Information - No Link Provided

7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

Yes For Additional Information - No Link Provided

7. Income Withholding

1. What are specific sources of income not subject to withholding?

TANF, Food Stamps, General Assistance, Supplemental Security Income for the Aged, Blind, or Disabled, Veterans' Administration Disability payments. For Additional Information - No Link Provided

2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.

Yes For Additional Information - No Link Provided

2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA?

3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.

No.

4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?

The first pay period that ends immediately after the date the notice was postmarked.

5. What are your state’s sanctions for employers for not implementing income withholding?

Employer is liable for the accumulated amount that should have been withheld and a fine as determined by the court. The obligee may also commence legal action.

6. What are the penalties to an employer for failure to remit payments withheld?

Employer can be held liable for the accumulated amount that should have been withheld and a fine as determined by the court.

7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents.

No, NJ Department of Labor will not honor direct income withholdings from out of state jurisdictions.

7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.

Order needs to be registered for enforcement in the State of New Jersey.

8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents.

8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.

9. How does a noncustodial parent contest an income withholding in your state?

10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.

For Additional Information - No Link Provided

11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold?

8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.

Yes, Pass Through is $100 for Current Assistance cases and $200 for cases with more than one eligible children. Legislation was signed by the Governor on November 17, 2008 that authorizes the increased Pass Through effective 10/1/2008 as required by DRA.

2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.

Not at this time.

3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?

PRWORA distribution

4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?

NJKiDS will distribute to current support first. If more than one obligation of the same debt type exists where the FIPS code differs in the obligation key, NJKiDS will allocate based on arrears amount due each – applying to arrears payback amount and then allocating to apply toward arrears balances using the appropriate distribution priority given the Debt Type, Program Type, Receipt Type, and Interstate Status.

4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?

Payments applied toward arrears balances use the appropriate distribution priority given the Debt Type, Program Type, Receipt Type, and Interstate Status. For Additional Information - No Link Provided

9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)

2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?

Case must be a IV-D case with an application on file and a minimum of $1000 owed in arrears.

3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?

Arrears are greater than or equal to $1,000 For Additional Information - No Link Provided

4. To which credit bureaus does your state report a noncustodial parent's child support information?

TransUnion, Experian, Innovis

5. Is the method for credit bureau reporting judicial, administrative, or both?

Administrative

6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"

Must be done through individual Credit Bureau Agencies

7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

No.

8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

Yes. The combined arrears (TANF + Non-TANF) are greater than or equal to $1,000 and there have been no regular payments in the last 35days for arrears only cases. -OR- The combined arrears (TANF + Non-TANF) are greater than or equal to three months of the periodic charge and there have been no regular payments in last 35 days for current charging cases.

9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

No.

10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

Yes, same criteria as above, he combined arrears (TANF + Non-TANF) are greater than or equal to $1,000 and there have been no regular payments in the last 35days for arrears only cases. -OR- The combined arrears (TANF + Non-TANF) are greater than or equal to three months of the periodic charge and there have been no regular payments in last 35 days for current charging cases.

11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount?

No.

12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount?

Yes, in limited circumstances. New Jersey only submits initiating interstate cases when the referral type is "Request Registration of Foreign Support Order for Modification." New Jersey requires a minimum dollar amount greater than $25.00.

13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial?

No.

14. Are the financial institution attachment procedures in your state judicial, administrative, or both?

Both

15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?

Yes, Trust Funds: UTMA/UGMA, IOLTA, Mortgage Escrow and Security Deposits, including real estate. For Additional Information - No Link Provided

16. Is the financial institution attachment process in your state centralized and/or automated?

Yes. Centralized and Automated.

17. What are the criteria to attach an account in a financial institution in your state?

Financial Institutions are notified to remit payment up to the amount of arrears owed after forty (40) calendar days, unless they receive other instructions from our agency such as, an adjusted levy or a contest filing. Our Notice of Levy to Financial Institution also advises that per 5CFR 581.104(j) SSI benefits must be excluded from levy.

18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.

For Additional Information - No Link Provided

19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.

20. Does your state's income withholding definition include amounts in financial institutions?

No. For Additional Information - No Link Provided

21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?

Yes, the State is required to notify the NCP, which we do. The financial institutions are not required to send notices, but many of them do. For Additional Information - No Link Provided

22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?

5 working days For Additional Information - No Link Provided

23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.

Yes, 40 days For Additional Information - No Link Provided

24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.

No minimum amount. Charging cases: no regular payments on the monthly support obligation and arrears payback for one (1) month and has the equivalent of three (3) months worth of arrears. Arrears Only Cases: no regular payments on arrears payback for one (1) month and $500 in arrears. (Regular payment is defined as a voluntary payment of the full monthly support obligation, including any arrears repayment amount.) For Additional Information - No Link Provided

25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment?

The obligor has 30 calendar days to provide a written contest by completing and returning the second page of the Notice of Levy, along with any supporting documentation. New Jersey will accept written contests from joint account holders, but all case specific information remains confidential unless the joint account files a Third-Party Authorization form and the obligor agrees to disclose case specific information.

26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.

Yes, the State sends letter to financial institution to liquidate assets. If required by the financial institution, an order is also obtained through the Probation department. For Additional Information - No Link Provided

27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?

If the child support arrearage equals or exceeds the amount of child support payable for six months or court-ordered health care coverage for the child is not provided for six months, or the obligor fails to respond to a subpoena relating to a paternity or child support action, or a child support-related warrant exists, and the obligor is found to possess a license in the State and all appropriate enforcement methods to collect the child support arrearage have been exhausted, the Probation Division shall send a written notice to the obligor, by certified and regular mail, return receipt requested, at the obligor's last-known address or place of business or employment, advising the obligor that the obligor's license may be revoked or suspended unless, within 30 days of the postmark date of the notice, the obligor pays the full amount of the child support arrearage, or provides proof that health care coverage for the child has been obtained, or responds to a subpoena, or makes a written request for a court hearing to the Probation Division. The license suspension shall be terminated if the obligor pays the full amount of the child support arrearage and/or provides proof that health care coverage for the child has been obtained as required by the court order.

28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?

If the obligor requests a hearing, the Probation Division shall file a petition for a judicial hearing in accordance with section 5 of P.L.1996,c.7 (C.2A:17-56.43). The hearing shall occur within 45 days of the obligor's request. If, at or prior to the hearing, the obligor pays the full amount of the child support arrearage or provides health care coverage as ordered, the license revocation process shall be terminated. No license revocation action shall be initiated if the Probation Division has received notice that the obligor has a pending motion to modify the child support order if that motion was filed prior to the date that the notice of the license suspension or revocation was sent by the Probation Division.

29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?

No.

30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.

Arrears must be equal to or greater than the support obligation due for six months. Professional Licenses: Acupuncturist, Advanced Practice Nurse, Apprentice Plumber, Associate Home Inspector, Athletic Trainer, Audiologist, Barber, Beautician, Burglar Alarm Licensee, Cemetery Salesperson, Certified Court Reporter, Certified Alcohol and Drug Counselor, Certified Midwife, Certified Public Accountant, Certified Social Worker, Chiropractor, Cosmetology, Dental Assistant, Dental Hygienist, Dentist, Dog Trainer/Handler, Electrical Contractor, Electrodiagnostic Permit, Electrologist, Land Survey Engineer, Engineer, Fire Alarm Licensee, Forensic Nurse, Hearing Aid Dispenser, Home Health Aide, Home Inspector, HVAC Contractor, Inspectors License, Interior Design, Issuer Agent, Clinical Social Worker, Lanscape Architect, Practical Nurse, Locksmith, Manicurist, Marriage Counselor, Marriage and Family Therapist, Massage Therapist, Master Plumber, Medical Examiner, Medical Doctor, Medical Director, Mortuary, Occupational Therapist, Ophthalmologist, Optometrist, Orthotist, Pedorthist, Perfusionist, Pharmacist, Physical Therapist, Physician Assistant, Podiatrist, Polysomnography Technician, Psychologist, Professional Planner, Prosthetist, Real Estate, Rehabilition Counselor, Respiratory Care, Skin Care Specialist, Speech Pathologist, Veterinarian.

31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?

Cases are eligible if child support arrears equal or exceed the amount of child support payable for 6 months, court-ordered health care coverage is not provided for a period of 6 months, the NCP fails to respond to a subpoena relating to a paternity or child support action, or a child support warrant exists and all other appropriate enforcement methods have been exhausted. NJ only has hardship criteria for suspension of a driver’s license. A NCP may request a hearing, though, in regards to a proposed suspension of a professional license due to issues such as involuntary unemployment or disability. Once arrears are fully satisfied or health care coverage is provided, NJ issues a Certification in Support of License Restoration Order. Note that the NCP may need to pay fees to the licensing agency to get their license restored.

32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?

Our statute does not allow the suspension of temporary or conditional professional licenses.

33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.

Criteria is same for both professional and recreational licenses.

34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?

Criteria is same for both professional and recreational licenses.

35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?

Our statute does not allow the suspension of temporary or conditional recreational licenses.

36. What are the criteria for initiating/filing a lien in your state?

Any arrearage.

37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.

Administrative. Assets are located and lien is placed by central office.

38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe.

Yes. Judicial.

39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.

Yes. Administrative.

40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?

Lottery winnings intercept threshold amount is $600. Casino gaming/gambling intercept threshold amount is $40,000.

40.1 If yes, is this enforcement judicial, administrative, or both?

Administrative

41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?

Financial Institution Data Match (FIDM) Child Support Lien Network (CSLN) Lottery Intercept Procedures Jackpot Intercept Passport Denial Program

42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?

Enforcement of Litigants Rights Warrant Procedures License Revocation/Suspension Employer Enforcement Military Allotments Writs of Execution

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)

Every three (3) years. For Additional Information - No Link Provided

2. What is your state's modification procedure? Briefly describe.

On request (Non-TANF) and every three years (TANF). For Additional Information - No Link Provided

3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?

On request or every three years, county welfare agencies advise both parties that a review will be conducted. An attempt is made to reach a consent agreement; if consent is not reached, a formal motion is filed with the court. For Additional Information - No Link Provided

4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

For Additional Information - No Link Provided

4.1. The earnings of the noncustodial parent have substantially increased or decreased.

Yes

4.2. The earnings of the custodial parent have substantially increased or decreased.

Yes

4.3. The needs of a party or the child(ren) have substantially increased or decreased.

Yes For Additional Information - No Link Provided

4.4. The cost of living has changed.

Yes

4.5. The child(ren) has extraordinary medical expenses not covered by insurance.

Yes

4.6. There has been a substantial change in childcare expenses.

Yes

4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?

The preceding answers are based on a case by case, specific case conditions basis. None, some, or all may be used by the court in determining a change of circumstance in a modification hearing. For Additional Information - No Link Provided

5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)

Yes. Consumer Price Index (CPI)

6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)

Yes For Additional Information - No Link Provided

7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment?

8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request?

9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)?

New Jersey state law requires the IV-D Program to review child support orders every three years (triennial review). New Jersey state law also requires all child support order established after 1998 to be eligible for adjustment every two years to reflect cost of living increases (COLA).

11. Lump Sum Payments

3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

OMB-approved income withholding.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.

No

1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)

N/A

2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.

No

3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.

NJ has opted to pay the annual fee itself rather than passing it on to either parent as allowed by federal law.

3.1. Is it retained by the state from support collected?

No

3.2. Is it paid by the individual applying for child support services?

No

3.3. Is it recovered from the noncustodial parent?

No

3.4. Is it paid by the state out of its state funds?

Yes

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)

No. However, N.J.S.A. 2A:17-56.23b requires that the beneficiaries attorney, or the insurance company, conduct a judgment search in order to determine whether the beneficiary is a child support debtor and, if so, to contact the court to settle the child support obligation prior to distribution of the settlement. For Additional Information - No Link Provided

2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program?

Monetary threshold.

3. What process does your state use to intercept insurance payments?

N.J.S.A. 2A:17-56.23b requires that the beneficiaries attorney, or the insurance company, conduct a judgment search in order to determine whether the beneficiary is a child support debtor and, if so, to contact the court to settle the child support obligation prior to distribution of the settlement. For Additional Information - No Link Provided

4. How does another state initiate and intercept collections from your state’s workers’ compensation agency?

N/A For Additional Information - No Link Provided

5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?

Yes

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)

Yes

2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)

Yes. Yes.

3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)

Yes

4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)

Yes

5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)

Yes

6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

Yes

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?

Contact the New Jersey Family Support Services Center at (877) 655-4371. CSENET and UIFSA transmittals requesting this information should be sent to the New Jersey Interstate Central Registry. For Additional Information - No Link Provided

2. What are the procedures and associated costs for obtaining a certified payment record?

Contact the New Jersey Family Support Services Center at (877) 655-4371. CSENET and UIFSA transmittals requesting this information should be sent to the New Jersey Interstate Central Registry. For Additional Information - No Link Provided

17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?

N.J.S.A. 2A:4-30 et seq For Additional Information - No Link Provided

2. How does your state define the tribunal (See UIFSA 103)?

“Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. For Additional Information - No Link Provided

3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?

3 total copies (one certified copy, two regular copies).

4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?

No.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)

Bermuda, Canada (Quebec), Jamaica, Mexico, South Africa

2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)

Yes.

3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?

Yes.

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)

Yes For Additional Information - No Link Provided

2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.

No

3. What methods of personal service does your state use?

Forward documents needing to be served to the Sheriff, or by a person specially appointed by the Court, by the moving party's attorney, or by a competent adult having no direct interest in the case.

4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)

Child care expenses, Extra-curricular activities, attorney's fees, cash medical support, and extraordinary expenses. Extraordinary expenses would be related to the aforementioned add-ons. For Additional Information - No Link Provided

5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.

Yes. The use mediation, conciliation, or similar processes is encouraged in every child support case.

6. What circumstances will cause your state to end child support before the normal duration?

The child support order states that the child support ceases prior to the normal duration. Motion is filed by one of the parties and the court agrees to terminate support. Parties reconcile and agree to terminate support. For Additional Information - No Link Provided

20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?

Payments may be made by check. Payments may be made by electronic funds transfer (direct deposit into a personal bank account located in the US). Payments may be placed on a Stored Value Card issued by the State of New Jersey.

2. What actions does your state take to reduce the costs and fees associated with international payment processing?

All payments are processed through a designated authority. All payments are processed upon receipt.

3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.

No.

4. Does your state send international payments to participating foreign authorities via OCSS’ Central Authority Payment Service? If yes, please list which foreign authorities.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?

No

1.1. If yes, list the tribes and identify services provided, if less than full services.

N/A For Additional Information - No Link Provided

2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?

No

22. Employer Services

1. Does your state require electronic payments? If yes, provide your state statutory citation.

No

2. What is your state's SDU bank name?

The SDU bank is Wells Fargo.

3. What is your state's SDU vendor name?

Conduent - collections and disbursements.

4. What is your state's web-based payment service for employers?

Web-based payment service: ExpertPay (free to employers) Phone: 800-403-0879 E-mail: customer.service@expertpay.com Website: www.expertpay.com

5. What is your state's web-based payment service for noncustodial parents?

Web-based payment service: ExpertPay (free to employers) Phone: 800-403-0879 E-mail: customer.service@expertpay.com Website: www.expertpay.com

6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from?

Yes, through vendors (MoneyGram, MyPaymentPortal.com, ChildSupportBillPay by VPS)

7. How does your state accept card payments?

Through vendors.

8. Are there fees associated with the credit card payments?

Yes. Fees vary depending on the vendor being used and the amount of the transaction.

9. Does your state have other payment options?

New Jersey accepts cash and money order. New Jersey also accepts bank, cashier’s, business, and personal checks. New Jersey allows for payments in cash at local child support offices as well as through PayNearMe kiosk at participating retailers. There is a fee of $1.99 per transaction. New Jersey allows for payments in cash using MoneyGram at participating retailers. A $3.99 transaction fee is charged for cash transactions. Online payments can also be made with a debit or credit card. Those fees range from $7.99 to $32.49 depending on the transaction amount. Payments can be made using debit and credit cards or through eCheck with ChildSupportBillPay by VPS. A fee equal to 2.95% of the transaction ($4.95 minimum) applies per transaction.

10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?

1st pay period ending after postmark date

11. When must an employer remit amounts withheld from an employee's pay?

Payday

12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?

Federal, state, city taxes, FICA

13. What is your state's priority for withholdings?

New Jersey guidelines have a line item for work related medical coverage; however, if the coverage is out-of-pocket, the priority is current support, health insurance premiums, arrears.

14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation.

Shall not exceed the maximum amount permitted under section 303 (b) of the federal Consumer Credit Protection Act (15 U.S.C. s. 1673 (b)).

15. What are the withholding limits for non-employees?

If in response to an Income Withholding Order (IWO), you must apply the CCPA limit. If in response to a Writ of Execution, you must withhold the full amount specified in the Writ.

16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).)

Prorate

17. When does your state require employers to send notice of an employee's termination?

Promptly

18. How long should an employer retain the order after the employee's termination?

No law; if employee leaves, notify IV-D

19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii))

$1 per payment

20. Provide your state's statutory citation.

N.J. Stat. §§2A:17-56.8, 2A:17-56.11

21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.)

N.J.S.A. 2A:17-56.57: Employment-related lump sum income is defined as income such as commissions, bonuses, compensation paid to independent contractors (also known as 1099 employees), employee buyout packages, employment incentives, profit sharing, cash-outs of vacation or sick pay, bank accounts; money-market mutual funds, credit union accounts, savings and loans accounts, insurance annuities, safe deposit accounts, trusts, investments, bail money, prize purses, casino, racetrack and other gambling winnings (not including in-state lottery and racetrack winnings that are addressed by the Lottery Offset program), and any other assets from which funds are readily available without the need for seizure, inventory or public sale.

22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.

No

23. Does your state have a threshold amount for a lump sum to be reported?

No

24. Does your state citation or rule provide how long the employer must hold the lump sum?

No

25. Is the Income Withholding Order (IWO) used for lump sums?

Yes

26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

Notice of Lien; CSLN;Writs

27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation?

No

28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment?

NJ may garnish up to 100% depending on statutory exclusions. See NJSA 2A:17-56.52; NJSA 2A:4-30.65; NJSA 2A:17-56.23b.

29. What is your state's Medical Support Statute?

2A:17-56.11. Notice to payor; binding 2A:17-56.11a -Responsibilities of employer relative to medical support of employee's child 2A: 17-56.11b Income withholding provisions extended to cover medical support coverage

30. What is your state's Reasonable Cost Definition?

NJAC 10:110-13.2 Determining the amount of child support obligation (c) An order or judgment requiring one or both of the parties to provide health care coverage for the child shall be sought when such health care coverage is available at a reasonable cost. Health care coverage shall be deemed to be of a reasonable cost when it is available through a parent's employer or other group as defined at 45 CFR 303.31

31. What is the Health Coverage Expense?

2A:17-56.11a. Responsibilities of employer relative to medical support of employee's child (d) d. Withhold from the obligor's compensation the obligor's share, if any, of premiums for health benefits plan coverage for the obligor and the obligor's dependent and pay the withheld amount to the health benefits plan carrier or administrator, as appropriate, subject to federal regulations. The amount withheld shall not exceed the maximum amount permitted to be withheld under section 303(b) of the federal "Consumer Credit Protection Act," 15 U.S.C. 1673(b).

32. What is the Income Withholding Limits for Support?

2A:17-56.9 Income withholding. (3) The total amount of income to be withheld shall not exceed the maximum amount permitted under section 303 (b) of the federal Consumer Credit Protection Act (15 U.S.C. s. 1673 (b)).

33. What is the Priority of Withholding?

Priority of Withholding 10:110-15.2 Child support enforcement remedies iii. If there is more than one child support withholding against the same obligor, the total amount withheld from the obligor's income shall be allocated among all obligees on a prorated basis. (1) The withheld amounts shall first be applied to the current support obligations for all obligees. (2) The withheld amounts that remain after all current support obligations are satisfied shall be allocated among all the obligees to pay past-due support in accordance with Federal distribution requirements.

34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage?

Priority: Current Child Support Obligation, Current Cash Medical Support Obligation, Current Spousal Support Obligation, Past Due Child Support, Past Due Cash Medical Support, Past Due Spousal Support, Medical Insurance Premium.

35. According to 45 CFR §303.32(a), what are your state options?

State Option 45 CFR 303.32(a) 2A:17-56.11. Notice to payor; binding d. The Probation Division shall use the National Medical Support Notice for medical support orders upon its adoption by federal regulation pursuant to the "Child Support Performance and Incentive Act of 1998," Pub.L.105-200.

36. What does your state do if an employee contests 45 CFR §303.32(c)(5)?

Employee Contests 45 CFR 303.32(c)(5) 2A:17-56.10 Notice to obligor; contest of withholding. An obligor may contest a withholding only on the basis of mistake of fact. The notice to the obligor shall include but need not be limited to: the amount to be withheld, including an amount to be applied toward liquidation of arrearages; a statement that the withholding applies to current and subsequent sources of income; the methods available for contesting the withholding on the grounds that the withholding is not proper because of mistake of fact; the period within which the Probation Division may be contacted in order to contest the withholding; and the procedures to follow if the obligor desires to contest the withholding on the grounds that the withholding or the amount thereof is improper due to a mistake of fact. If an obligor contests the proposed withholding, the Probation Division shall schedule a hearing or review within 20 days after receiving notice of contest of the withholding. If it is determined that the withholding is to continue, the Probation Division shall provide notice to the obligor. Notice to the obligor shall include all of the information that is included in the notice to the payor in section 5 of P.L.1981, c.417 (C.2A:17-56.11). The Probation Division shall notify the obligor of the results of the hearing or review within five days of the date of the hearing or review.

37. What is the reporting timeframe (non-magnetic media only)?

Within 20 days of hire (or rehire) date

38. What are the required data elements?

New Hire information: Employee name, Employee mailing address, SSN, Date of birth, Date of hire, Employer name, Employer address, FEIN;

39. What are the methods of transmission?

Online, Electronic, Mail, Fax

40. Does your state require independent contractor reporting?

Yes