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New Jersey State Law

A. General/Program-At-A-Glance

A1. How many local IV-D 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.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
N.J.A.C 10:80-1.1, N.J.A.C. 10:110-1.2, 6.1
For Additional Information - No Link Provided
A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
N.J.S.A. 2A:4-30 et seq
For Additional Information - No Link Provided
B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
3 total copies (one certified copy, two regular copies).

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Austria, Bermuda, Canada (Quebec), Dominican Republic, France (Guadeloupe, French Polynesia, Martinique), Germany, Jamaica, Mexico, South Africa, Sweden.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. 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, abstracts are acceptable.

D. Age of Majority

D1. What is the age of majority in your state?
The age of majority is 18 years old; however attaining this age does not automatically emancipate the child.
D2. What is the statutory citation for the age of majority?
NJSA 9:17B-3; See NJ Child Support Guidelines link Appendix IX-A, 24.25
For Additional Information - exit disclaimer
D3. 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. N.J.S.A. 2A:17-56.67 et seq.
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
N/A
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
A motion or application must be filed with the court to emancipate the child.
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
Continuation of support past age 19 may be requested if the child is enrolled full-time in secondary or post-secondary education; or has verified disability. An alternate termination date may also be ordered by the court, not to exceed the child's 23rd birthday.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
Depends 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.
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
New Jersey will accept motions or applications on cases up until the child reaches 23 years of age.
D8.1 If not, how does this affect interstate referrals?
N/A

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
None
For Additional Information - No Link Provided
E2. What is your State's statute of limitations for paternity establishment?
5 years beyond the child's 18th birthday
For Additional Information - No Link Provided
E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A
For Additional Information - No Link Provided

F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Shared income model
For Additional Information - No Link Provided
F2. Does your state charge interest on arrears?
No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
For Additional Information - No Link Provided
F3. Does your state charge interest on retroactive support?
No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
F4. Does your state charge interest on adjudicated arrears?
No
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
For Additional Information - No Link Provided
F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
If ordered by the court.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
No
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
N/A
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
N/A
F7. Does your state recover costs on behalf of the initiating state?
No
F7.1. Optional comments regarding recovery of initiating state's fees.
The exception is genetic testing fees.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
N.J.S.A. 2A:4-30.129
For Additional Information - No Link Provided
F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
If ordered by the court.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
yes
F10.1. Optional comments regarding required information on spouse or partner.
For calculating the guidelines and the other dependent deduction
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
State will pay the fee.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
No.
F11.2 Does your state collect the fee from the person applying for IV-D services?
No.
F11.3. Does your state collect the fee from the absent parent?
No.
F11.4. Does your state pay the fee out of its own funds?
Yes.
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
October 1, 2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
Yes. Pass Through will increase from $50 to $100 for Current Assistance cases regardless of the number of 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. However, Implementation is delayed because of required changes to child support and TANF automated systems until early 2009.
F14. Does your state participate in the pass-through in former assistance cases?
No plans at this time. Current Law only addresses Current Assistance cases.
F14.1. If yes, provide the date.
N/A
F15. Will your state discontinue eligible assignments under the DRA of 2005?
Yes
F15.1. If yes, list the eligible assignments your state would discontinue.
Pre-assistance arrears
F15.2. When will your state discontinue each type of assignment?
October 1, 2009
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
For TANF & Medicaid - only cases, a change of beneficiary handled administratively by the CWA/CSU and the PCSE unit and does not require Family Court action.
For Additional Information - No Link Provided
F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
For TANF & Medicaid - only cases, a change of beneficiary handled administratively by the CWA/CSU and the PCSE unit and does not require Family Court action.
For Additional Information - No Link Provided
F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
When a person is awarded legal custody or guardianship through the court & wishes to obtain child support, that person must file a child support action even if there currently exists a child support order for the child payable to the other party. The current beneficiary of the child support payments must be terminated and the new beneficiary must be established through a court order.
For Additional Information - No Link Provided
F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
NJ has opted to pay the annual fee itself rather than passing it on to either parent as allowed by federal law.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
Child Support applicants are required to pay court costs and filing fees. They are not included in the child support award. There are procedures for requesting a waiver of fees.
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is 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
G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
N/A
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$1.00
For Additional Information - No Link Provided
G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
The first pay period that ends immediately after the date the notice was postmarked
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
At the same time as the date of withholding
G6. What are your state's procedures for sanctioning 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.
G7. What is the penalty to an employer for failure to remit payments withheld?
Determined by court
For Additional Information - No Link Provided
G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
Requests must be submitted to the Interstate Central Registry. If there is no existing case, a complete UIFSA transmittal for registration of the order must be received. If there is an existing case, a Transmittal #1 seeking income withholding.
For Additional Information - No Link Provided
G8.2. What documents are required to intercept UI benefits?
Requests must be submitted to the Interstate Central Registry. If there is no existing case, a complete UIFSA transmittal for registration of the order must be received. If there is an existing case, a Transmittal #1 seeking income withholding.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
No
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
N/A
G10. How does an obligor contest income withholding in your state?
Obligor must notify probation division within 10 days; a hearing must be held within 20 of receipt of contest and a decision be made.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
The payor shall withhold payment on a pro rata basis up to the limits of the CCPA
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
No
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
The employer must contact the appropriate agency designated on the withholding notice.
For Additional Information - No Link Provided
G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes
G13. When does your state require the employer to send notice of an employee's termination?
Requirements only apply if the terminated employee had an Income Withholding Order for child support, the termination should be reported to the agency that issued the Order.
For Additional Information - No Link Provided
G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
Not specified
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No
For Additional Information - No Link Provided
G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Employer, financial institution
For Additional Information - No Link Provided
G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
Child support first; then medical support as an arrears balance
For Additional Information - No Link Provided
G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Monies owed to other state agencies are paid before monies owed to the State of New Jersey.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
Distribution of payments follows Federal requirements (45 CFR 302.51)
For Additional Information - No Link Provided
G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
Yes
H1.1. If yes, please explain.
If the complaint filed also requests that custody and visitation be considered the court will address the issue.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
95%
For Additional Information - No Link Provided
H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
NJSA 9:17-41, however was amended in 1998 to allow 60 days to rescind
For Additional Information - No Link Provided
H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
06/20/1995
H4.1. Were acknowledgments prior to that effective date rebuttable?
No
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A
For Additional Information - No Link Provided
H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
A presumption may be rebutted by clear and convincing evidence as determined by the Court.
For Additional Information - No Link Provided
H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
Rebuttable presumption
For Additional Information - No Link Provided
H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
H8. Does your state have any other paternity-related presumptions?
No
H8.1. If yes, briefly explain.
N/A
H9. Does your state have a putative fathers' registry?
No
H9.1. If yes, what is the name of that entity?
N/A
For Additional Information - No Link Provided
H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please describe any circumstances under which these fees may be waived.
N/A
For Additional Information - No Link Provided
H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?

For Additional Information - No Link Provided
H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Any method available to the court in question.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
If ordered by the court
For Additional Information - No Link Provided
H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
NJ will pursue any arrears balance owed to the state if it is included in the total arrears balance.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
The birth certificate can only be amended through the Bureau of Vital Statistics (BVS). The parties must be the ones to reach out to BVS to amend the birth certificate. Depending on the existing record on file, various documents may be required.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
one set (with paternity affidavits for each child).

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
State uses a judicial process.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
N/A
I1.2. Under what circumstances would a judicial process would be used?
If paternity has not been determined before the initial support conference, the CWA/CSU follows judicial procedures to establish paternity.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
N/A
For Additional Information - No Link Provided
I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
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
I3. 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
I4. Will your state establish support orders for prior periods?
No
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
N/A
I4.2. What information or documentation does your State require to proceed?

For Additional Information - No Link Provided
I4.3. Will your state allow a petition for support when the only issue is retroactive support?
No
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Paternity - Certificate of Parentage (COP) Enforcement - income withholding, credit bureau reporting, administrative offset program, tax offset program, judgments (liens on property), Financial Institution Data Match (FIDM), Child Support Lien Network (CSLN), intercept of lottery winnings, and denial of passport.
For Additional Information - No Link Provided
I6. What is your state's statutory authority for the administrative process?
N.J.S.A. 2A:17-56.57, 56.64
For Additional Information - No Link Provided
I7. Is there a local state law that allows an interstate administrative subpoena?
No
For Additional Information - No Link Provided
I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
Yes
For Additional Information - No Link Provided
I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
Yes, temporary custody can be given and a support order entered
I10. 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
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Modification
I12. 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 custodian obtain legal custody before a support order is modified or established?
Yes.
I13. 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 custodian obtain legal custody before support can be redirected to the new payee?
Yes.
I14. 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.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
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.
I17. Please provide the relevant statutory or case law citation. **

For Additional Information - No Link Provided
I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
The use of mediation, conciliation, or similar processes is encouraged in every child support case.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Both
J2. Is the lien process in your state judicial, administrative, or both?
Both
J2.1. What are the trigger criteria for filing a lien?
Any arrearage
For Additional Information - No Link Provided
J2.2. Where are your state liens filed?
State Superior Court Clerk's Office
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
$25 Judgments, $5 Writ
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Both are available, but rarely used.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
When account is levied
J4.2. Does your state's income withholding definition include amounts in financial institutions?
No - when the eligibility threshold is met, NJ will pursue levy of account(s).
For Additional Information - No Link Provided
J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
The state is required to notify the NCP, which we do. However, the financial institutions are not required to send notices, but many of them do.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
5 working days after letter to financial institution
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
Three months delinquency and no regular payments for 35 days.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
None
For Additional Information - No Link Provided
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes
J5.3.1. If yes, please provide the time frame.
Three months in arrears and no payments for 35 days
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
N/A
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
The full amount can be levied, but usually 50% is levied.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
No
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
State
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
30 days
For Additional Information - No Link Provided
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
45 days to forward challenge to the Appellate Court
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
Mistaken identity, incorrect arrearage amount, court litigation, joint account, extreme hardship
For Additional Information - No Link Provided
J5.10. Is your state's complaint review process judicial, administrative, or both?
Administrative. Obligor has right to request a review based on mistake of fact or mistaken identity. Appeals received from an injured spouse will also be accepted.
J5.11. What are your state's penalties for incorrect seizures?
None
J5.12. Is the second challenge administrative, judicial, or both?
Judicial
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
45 days from date of notice of contest resolution. No unique requirements. No recourse for non-debtor
J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized. Automated
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
None
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
Yes
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
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
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes
For Additional Information - No Link Provided
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
40 days
For Additional Information - No Link Provided
J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Administrative - Unemployment benefits, workman's compensation, homestead rebate
J7. Describe any other administrative enforcement procedures your state may have.
Passport, lottery, insurance liens
J8. Describe any other judicial enforcement procedures your state may have.
Incarceration. License Revocation
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
All child support arrears are liens or judgments by operation of law; interstate liens must be registered with the Judgment Section, Clerk, Superior Court of New Jersey, PO Box 971, Trenton, NJ 08625. To record another state's lien, the following documents are required: The federally approved Notice of Lien form; an affidavit with the names and mailing address of the creditor and debtor; a certified copy of the order making the past-due support a judgment or a certified copy of the underlying support order and a copy of the state statute making past-due support a judgment by operation of law. There is a $25 filing fee to record a foreign judgment. To verify that the lien has been recorded, a copy of the Notice of Lien and a stamped self-addressed envelop must be provided at filing, with a request to return a filed copy of the Notice of Lien to the filing party.
For Additional Information - No Link Provided
J10. Which of your state's enforcement remedies are available without judicial actions?
Financial institution data match, administrative liens (AEI), CSLN
J11. Describe your state's procedures for registering and enforcing another state's order.
The petition for registration and enforcement of existing order is received at the Interstate Central Registry, processed and forwarded to the appropriate vicinage. Notice is sent to the non-custodial parent, then case follows expedited process (consent, hearing officer recommendation, etc.)
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
None.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
NJSA 2A:49-25 et.seq
For Additional Information - No Link Provided
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Obligor must have a minimum arrears balance of $1,000
J15. To which credit bureaus does your state report an obligor's child support information?
Experian, TransUnion, Equifax
J16. Is the method for credit bureau reporting judicial, administrative, or both?
administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
Both.
J19. What documentation does your state require to proceed with an AEI request?
A minimum of $1000 is owed. The case is IV-D and an application is on file.
J20. What mandatory data elements does your state need to process AEI requests?

For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
FIDM, State Lottery, NDNH, Dept. of the Treasury, Homestead Rebate, Earned Income Tax Credit, MVC, Record of Judgment of civil action, CSNET, CSLN, LEIN, DOL-UIB, EFPLS.
J22. How many copies/sets of documents does your state require with an AEI request?
The requesting state shall: (see J-23)
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
1) Include such information as will enable the state to which the request is transmitted to compare the information about the case to information in the databases of the state. 2) Constitute a certification by the requesting state. 3) The amount of support under an order that the payment of which is in arrears. 4) The requesting state has complied with all procedural due process requirements applicable to each case.
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
Yes
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
J25. What is the procedure 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.
J26. What is the procedure 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.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
No
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
If the NCP has good cause for not complying with the payment order, he or she must file a motion requesting an extension of the payment plan. The motion may be granted if the Court finds the NCP made a good faith effort to comply but was unable to satisfy the full past-due amount due to circumstances beyond his or her control. No payment plan may extend beyond the date the child reaches age 18. The NCP is responsible to pay all fees associated with the revocation, suspension, or reinstatement of a license.
J29. What triggers a driver's license revocation?
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 obligor's driver's license shall be suspended by operation of law upon the issuance of a child support-related warrant. If a child support- related warrant for the obligor exists, the professional, occupational, recreational or sporting license revocation or suspension shall be terminated if the obligor pays the full amount of the child support arrearage, provides proof that health care coverage for the child has been obtained as required by the court order, or surrenders to the county sheriff or the Probation Division.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes.
J29.2 If yes, what is the amount?
If the child support arrearage equals or exceeds the amount of child support payable for six months.
J30. Under what conditions may a noncustodial party restore the driver's license?
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, or responds to the subpoena or surrenders to the county sheriff or the Probation Division, 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 pending a 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.
J30.1 What is the process for restoring a driver's license?
Once conditions of license suspension have been lifted, NCP must complete restoration process with New Jersey Department of Motor Vehicles (NJDMV).
J31. Does your state allow temporary or conditional driver's licenses?
No
J31.1 If yes, what are the conditions?
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
No innovative or special practives.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes
J33.2 What is the dollar amount?
The combined arrears (TANF + Non-TANF) are greater than or equal to $1,000 and there have been no regular payments in the last 35 days 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.
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
J36.2 What is the dollar amount?
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
No
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J38.2 What is the dollar amount?
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every three years
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
On request (Non-TANF) and every three years (TANF)
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
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.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. 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.
K5. Does your state have cost of living adjustments (COLAs) for orders?
Yes
K5.1. If yes, what index does your state use?
Consumer Price Index (CPI)
K6. How does your state credit SSA disability to current and past-due support?
Income withholding and garnishment of disability is based on the Consumer Credit Protection Act (CCPA).
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
A motion would need to be filed in the court of venue.
K7.2. What is the statutory citation for your abatement law?
no statutory citation - a motion would need to be filed in the court of venue.
For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
For TANF services, Medicaid services and Federally Assisted Foster Care referrals the following documents may be required: pay records (income), documents of identity (i.e. certificate of paternity and birth records), residency, immigration status, child care expenses, medical expenses, shelter expenses.
For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
To obtain a COP send written request to Paternity Opportunity Program Office, 1102 Quakerbridge Plaza, Hamilton NJ 08619 (phone 1-800-POP-6607. To get a birth certificate, contact the local registrar where child was born: www.state.nj.us/health/vital/regbycnty.shtml
K8. What information does your state require to register an out-of-state order for enforcement/modification?
For Enforcement and Modification: Child Support Enforcement Transmittal #1, Registration Statement, Copy of current order, Uniform Support Petition, General Testimony, arrears calculation/ payment record are mandatory. Copies of prior orders are recommended.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes, once the last or only child is terminated from an order, any arrears balance will be collected at the rate of the current support order obligation.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Once the last or only child is terminated from an order, any arrears balance will be collected at the rate of the current support order obligation.
K10. 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.

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
There is no definition of lump sum or bonus in law or regulation. However, N.J.S.A. 2A:17-56.53 does specify unemployment compensation, workers' compensation or other benefits; judgments, settlements and awards; inheritances; and lotteries as sources of periodic or lump sum payments. Other sources of employment-related lump sum payments include but are not limited to commissions, bonuses, social security disability, employee buyout packages, incentives, profit shares, cash out of vacation or sick pay, compensation paid to an independent contractor and amounts paid as severance pay.
L1.2 Provide the statutory citation.
N.J.S.A. 2A:17-56.53
For Additional Information - No Link Provided
L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.
N/A
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
No threshold
L4. How are employers instructed to report a pending lump sum?
In New Jersey, employers are not required to report the lump sum.
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
N/A
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
Yes - through the administrative processes.
L8. What other documents does your state use to attach lump sum payments?
Notice of Lien via CSLN and Writ of Execution
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No
L9.1. If yes, what are those limits?
No.
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
Not required, but limits are applied on a case by case basis.
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
N/A
L9.4. If no, what percentage is the employer required to withhold?
N/A
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
Yes.
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
Xerox Solutions operates the NJSDU - New Jersey Family Support Payment Center.
L12. Does your state have a debit card program?
Yes
L12.1 If so, specify the vendor.
Xerox Solutions operates the NJSDU - New Jersey Family Support Payment Center.
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No.
L13.1 If so, are there fees involved?
There are fees associated with using the New Jersey Stored Value Card.
L14. What are the fees associated with using the card?
1 free cash withdrawal for each deposit per month; After free transaction, $1.25 for ATM cash withdrawals, $2.00 for additional bank teller transactions; $0.20 for purchases at merchant using PIN; $0.40 for denial for insufficient funds; $5.00 card replacement (one free card replacement after receipt of initial card); $12.00 expedited card delivery fee; $3.00 for each International Transaction, plus 2% of the transaction amount. (currency conversion fee will also be added)
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location. Payments may be made by income withholding. Payments may be made by a check.
L16. How does your state disburse child support payments to foreign reciprocating and treaty 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). Payments may be places on a Stored Value Card issued by the State of New Jersey.
L17. 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.
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
L19. What is your state's International Bank Account Number (IBAN)? **
New Jersey does not have an International bank Account Number (IBAN).

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - No Link Provided
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
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
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
The Office of the Superior Court Clerk maintains judgment information on child support judgments. A free online judgment search is available through the New Jersey Judiciary at https://njcourts.judiciary.state.nj.us/web15/JudgmentWeb/jsp/judgmentSearchResult.faces 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. The Office of the Superior Court Clerk maintains child support judgment information. A free online judgment search is available through the New Jersey Judiciary at https://njcourts.judiciary.state.nj.us/web15/JudgmentWeb/jsp/judgmentSearchResult.faces
For Additional Information - exit disclaimer
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
N/A
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
N/A
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
Yes.
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
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.
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
N/A
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
No. However, NJSA 2A:17-56.23b requires that we can only intercept if the net proceeds payable to the beneficiary are in excess of $2000, after payment of attorney fees, witness fees, court costs, etc. .
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
N/A
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
No.
M3.1. Provide the statutory citation.
N/A
For Additional Information - No Link Provided
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
N/A
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
N/A
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
N/A
For Additional Information - No Link Provided
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
NJSA 2A:17-56.23b stipulates that the attorney or insurance company must notify the prevailing party of the intent to satisfy the child support judgment prior to the disbursement of any funds.
For Additional Information - No Link Provided
M6. Are there attorney fees associated with the insurance intercept activity?
N/A
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
N/A
M7.1. What is the process, the points of contact, and what forms?
N/A

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state 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)
Yes
N4. Does your state 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)
Yes