Bill Text: NJ A2058 | 2024-2025 | Regular Session | Introduced
Bill Title: Directs the suspension, by operation of law, of certain offenders' child support obligations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Public Safety and Preparedness Committee [A2058 Detail]
Download: New_Jersey-2024-A2058-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex and Hudson)
Co-Sponsored by:
Assemblywoman Speight
SYNOPSIS
Directs the suspension, by operation of law, of certain offenders' child support obligations.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning child support payments and amending P.L.2009, c.328 and supplementing chapter 17 of Title 2A of the New Jersey Statutes and Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Unless otherwise provided in a court order or judgment, the obligation to pay current and past due child support as defined in section 3 of P.L.1998, c.1 (C.2A:17-56.52) and the judicial enforcement of such an obligation, shall be automatically suspended by operation of law without order by the court for any period exceeding 180 consecutive days in which the person ordered to pay support is incarcerated or placed in detention. This section shall be applicable to all child support orders that the State IV-D agency and the Probation Division are monitoring and for which the State has jurisdiction to modify the child support order.
b. If a child support obligation is suspended pursuant to this section, any arrearages that have accrued prior to the date of the suspension shall remain due and will be subject only to the administrative enforcement remedies as provided by law.
c. The Child Support Program shall provide at least one notice to both parties at their last known addresses when the obligation is automatically suspended. The notice shall include information on the suspension of the child support obligation and the date the obligation or arrears repayment amount is expected to be reinstated. The notice also shall include information on the right of a custodial parent to reinstate payment by the person ordered to pay support if that person is found to have the ability to pay.
d. Either party may file a motion or application with the court seeking payment or judicial enforcement of an obligation suspended automatically pursuant to this act if the person ordered to pay support has the ability to pay while incarcerated or placed in detention.
e. Cases eligible for relief pursuant to this act may be reviewed by the court to ascertain the obligor's ability to pay and to determine whether to suspend or continue the obligation pursuant to this section for the period of incarceration or detention exceeding
f. The obligation to pay child support and judicial enforcement of the obligation shall automatically resume 90 days following the release of the person paying support from incarceration.
g. For purposes of this section, the following definitions shall apply:
(1) "Incarcerated" includes, but is not limited to, confinement in a federal or State correctional facility, a county jail or a State juvenile facility.
(2) "Placed in detention" means placed by a court in a State or county juvenile facility operated by the Juvenile Justice Commission.
(3) "Automatic Suspension of Child Support Obligation" means that the child support provision of an existing order, including the charging of current support and, subject to the provisions of subsection b. of this section, the repayment of arrearages shall be set to zero dollars by operation of law for the period exceeding 180 days in which the person ordered to pay support is incarcerated or placed in detention.
(4) "Automatic Suspension of Judicial Enforcement" means that no bench warrant shall issue, the case shall not be subject to a court enforcement action, and no relief in aid of litigant's rights proceedings shall be instituted for the period exceeding 180 days in which the person ordered to pay support is incarcerated or placed in detention.
(5) "Administrative Enforcement Remedy" includes but is not limited to automatic entry of judgments, tax offset, license suspension, credit agency reporting, Financial Institution Data Match (FIDM), lottery intercepts, passport denial, and Child Support Lien Network (CSLN) intercepts.
h. The Department of Human Services Child Support Program shall, in consultation with the Probation Division of the Administrative Office of the Courts, develop forms to implement this section.
2. Section 8 of P.L.2009, c.328 (C.30:4-8.9) is amended to read
as follows:
8. The Department of Corrections, [through the Office of Transitional Services,] shall, in addition to any other information provided during the intake process to a defendant sentenced to a period of incarceration, advise the defendant about any child support orders and judgments entered against [him] the defendant by the New Jersey Superior Court, [and] provide information on how [he may] to petition the court for a temporary modification of these financial obligations[.], and inform the defendant that every order for child support shall be suspended, by operation of law, for any period exceeding 180 consecutive days in which obligor is incarcerated unless otherwise provided in a court order or judgment.
(cf: P.L.2009, c.328, s.8)
3. (New section) The Juvenile Justice Commission, shall, in addition to any other information provided during the intake process to a juvenile adjudicated delinquent placed in detention, advise the juvenile about any child support orders and judgments entered against them by the New Jersey Superior Court, provide information on how to petition the court for a temporary modification of these financial obligations, and inform the juvenile that every order for child support shall be suspended, by operation of law, for any period exceeding 180 consecutive days in which the obligor is in detention unless otherwise provided in a court order or judgment.
The Administrative Office of the Courts shall provide sample forms and instructions on how to file an application to modify child support to the Juvenile Justice Commission for self-represented litigants.
4. This act shall take effect on the first day of the sixth month after enactment.
STATEMENT
This bill requires the suspension, by operation of law, of certain offenders' child support obligations. Under the bill, unless otherwise provided in a court order or judgment, the obligation to pay current and past due child support, and the judicial enforcement of the obligation, is to be automatically suspended by operation of law for any period exceeding 180 consecutive days in which the person ordered to pay support is incarcerated or placed in detention. This suspension applies to all child support orders monitored by the State IV-D agency or Probation Division, and child support orders for which the State has jurisdiction to modify the order. A suspension under the bill would not affect any existing arrearages that accrued prior to the date of the suspension; the arrearages would remain due and would be subject only to the administrative enforcement remedies provided by law.
The bill requires the Child Support Program to provide at least one notice to both parties at their last known addresses when the obligation is automatically suspended. The notice is required to include information regarding the date of the suspension and the date the obligation or arrears repayment is expected to be reinstated. The notice also is to include information on the right of a custodial parent to reinstate payment by the obligor if that person is found to have the ability to pay. Either party is authorized to file a motion or application with the court seeking payment or judicial enforcement of an obligation suspended automatically under the bill if the person ordered to pay support has the ability to pay while incarcerated or placed in detention.
Cases eligible for relief under the bill may be reviewed by the court to ascertain the obligor's ability to pay and determine whether to suspend or continue the obligation for the period of incarceration or detention exceeding 180 days.
The bill requires the obligation to pay child support and judicial enforcement of the obligation to automatically resume 90 days following the release of the obligor from incarceration. The Department of Human Services Child Support Program, in consultation with the Probation Division of the Administrative Office of the Courts, is required to develop forms to implement the provisions of the bill.
In addition to other notice requirements to be provided to an incarcerated person by the Department of Corrections during intake, the DOC also is required under the bill to inform the defendant that every order for child support is to be suspended, by operation of law, for any period exceeding 180 consecutive days in which obligor is incarcerated unless otherwise provided in a court order or judgment.
Finally, the bill requires the Juvenile Justice Commission, in addition to any other information to be provided during the intake process for a juvenile adjudicated delinquent and placed in detention, to advise the juvenile of any child support orders and judgments entered against them, provide information on how to petition the court for a temporary modification of the financial obligations, and inform the juvenile that every order for child support is to be suspended, by operation of law, for any period exceeding 180 consecutive days in which the obligor is in detention unless otherwise provided in a court order or judgment. The Administrative Office of the Courts is required to provide sample forms and instructions on how to file an application to modify child support to the Juvenile Justice Commission for self-represented litigants.
