Bill Text: NJ S3815 | 2018-2019 | Regular Session | Introduced
Bill Title: Makes child support arrearages collectable anytime by public welfare or other social services board or agency against obligor or obligor's estate based on amount of public assistance provided due to obligor's failure to pay support.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-11-18 - Referred to Senate Budget and Appropriations Committee [S3815 Detail]
Download: New_Jersey-2018-S3815-Introduced.html
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Makes child support arrearages collectable anytime by public welfare or other social services board or agency against obligor or obligor's estate based on amount of public assistance provided due to obligor's failure to pay support.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the collection of child support arrearages by any State or local welfare or other social services board or agency, and amending N.J.S.2A:14-5 and P.L.1988, c.111.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2A:14-5 is amended to read as follows:
2A:14-5. [A] a Except as set forth in subsection b. of this section, a judgment in any court of record in this [state] State may be revived by proper proceedings or an action at law may be commenced thereon within 20 years next after the date thereof, but not thereafter. An action may be commenced on a judgment obtained in any other state or country within 20 years next after the date thereof or within the period in which a like action might be brought thereon in that state or country, whichever period is shorter, but not thereafter.
b. There shall be no time limitation imposed for acting to enforce a judgment or portions of a judgment for child support against an obligor or obligor's estate when a State or local welfare or other social services board or agency seeks repayment from the obligor or obligor's estate of the amount of public assistance it provided and which accrued due to the obligor's failure to pay child support as ordered, whether entitled to the repayment on the basis of the assignment of child support rights to the board or agency pursuant to section 6 of P.L.1997, c.14 (C.44:10-49) or other basis under the law.
(cf N.J.S.2A:14-5)
2. Section 1 of P.L.1988, c.111 (C.2A:17-56.23a) is amended to read as follows:
1. Any payment or installment of an order for child support, or those portions of an order which are allocated for child support, whether ordered in this State or in another state, shall be fully enforceable and entitled as a judgment to full faith and credit and shall be a judgment by operation of law on and after the date it is due. The judgment or portions of a judgment for child support shall be enforceable, without any time limitation, against an obligor or obligor's estate, when a State or local welfare or other social services board or agency seeks repayment of the amount of public assistance it provided and which accrued due to the obligor's failure to pay child support as ordered, whether entitled to the repayment on the basis of the assignment of child support rights to the board or agency pursuant to section 6 of P.L.1997, c.14 (C.44:10-49) or other basis under the law. For obligors who reside or own property in this State, such judgments, once docketed with the Clerk of the Superior Court, shall have the same force and effect, be enforced in the same manner and be subject to the same priorities as a civil money judgment entered by the court. The State shall accord full faith and credit to child support judgments or liens of other states, whether arising by operation of law or having been entered by a court or administrative agency, when a Title IV-D agency, a party, or other entity seeking to enforce such a judgment or lien in this State files a Notice of Interstate Lien, in the form prescribed by the federal Office of Child Support Enforcement, and supporting documents with the Clerk of the Superior Court. An action to domesticate a foreign child support judgment or lien shall be consistent with the "Uniform Enforcement of Foreign Judgments Act," P.L.1997, c.204 (C.2A:49A-25 et seq.). Liens against real and personal property shall be subject to the same enforcement procedures as other civil money judgments except that no judicial notice or hearing shall be required to enforce the lien. No payment or installment of an order for child support, or those portions of an order which are allocated for child support established prior to or subsequent to the effective date of P.L.1993, c.45 [(C.2A:17-56.23a)], shall be retroactively modified by the court except with respect to the period during which there is a pending application for modification, but only from the date the notice of motion was mailed either directly or through the appropriate agent. The written notice will state that a change of circumstances has occurred and a motion for modification of the order will be filed within 45 days. In the event a motion is not filed within the 45-day period, modification shall be permitted only from the date the motion is filed with the court.
The non-modification provision of this section is intended to be curative and shall apply to all orders entered before, on and after the effective date of P.L.1993, c.45 [(C.2A:17-56.23a)].
(cf: P.L.1998, c.1, s.25)
3. This act shall take effect immediately, and apply to every order or judgment for child support, or portions of an order or judgment which are allocated for child support, issued before, on, or after that date.
STATEMENT
This bill would make child support arrearages collectable anytime by a State or local welfare or other social services board or agency against an obligor or obligor's estate based on the amount of public assistance it provided and which accrued due to the obligor's failure to pay child support as ordered by a court. Pursuant to section 1 of P.L.1988, c.111 (C.2A:17-56.23a), court-ordered child support obligations are fully enforceable as a judgment by operation of law. All judgments in this State are currently subject to a 20-year period of enforceability (which can be renewed for an additional 20-year period). See N.J.S.2A:14-5. The bill would eliminate this time limitation for enforcing such obligations when a State or local welfare or other social services board or agency seeks repayment from the obligor or obligor's estate of the amount of public assistance it provided in the absence of child support payments by the obligor.
The bill would take effect immediately, and apply to every order or judgment for child support, or portions of an order or judgment which are allocated for child support, issued before, on, or after that date.
