Skip ACF banner and navigation
Department of Health and Human Services logo
Questions?
Privacy
Site Index
Contact Us
   ACF Home  |   Services  |  Working with ACF  |  Policy/Planning  |  About ACF  |  ACF News Search
Administration for Children and Families US Department of Health and Human Services
The Office of Child Support Enforcement Giving Hope and Support to America's Children

New Jersey State Profile

Updated on 12 Jan 2009
Certified on 14 Jan 2009
Visitor No.39386
Return to Map Location Codes / Addresses Print Download
[View CSENet 2000 State Exchange Agreement by Function Code]

A. General/State-At-A-Glance

Top of Page
A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State administered/State and County operated
A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? 21 county welfare agencies
A3. With what types of agencies do you have cooperative agreements? Administrative Office of the Courts, Department of Labor, Division of Youth and Family Services. County Sheriff's Departments, County Departments of Law
A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? No
A4.1. If yes, what is the statutory citation?  
A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No
A4.3. If yes, please explain.  

B. UIFSA

Top of Page
B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 3/5/1998
B2. What is the effective date of your State's UIFSA? 3/5/1998
B3. What is the statutory citation for your State's Act? N.J.S.A. 2A:4-30 et seq
For Additional Information - Click Here
B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? 1996
B4.1. If your state has implemented the 2001 version, when was it implemented? N/A
B5. Optional comments regarding your State's UIFSA.  

C. Reciprocity

Top of Page
C1. With what foreign countries does your State reciprocate? Australia, Austria, Bermuda, Canada (Alberta, Labrador, Manitoba, New Brunswick, Newfoundland, Northwest Territory, Nova Scotia, Ontario, Quebec, Saskatchewan, Yukon Territory), Czech Republic, Finland, France (Guadeloupe, French Polynesia, Martinique), Germany, Hungary, Ireland, Jamaica, Mexico, The Netherlands, Norway, Poland, Portugal, Slovak Republic, South Africa, Sweden, United Kingdom (England, Wales, Isle of Man, Northen Ireland, Scotland)
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.  
C2. Has your State established reciprocity with any Tribal courts? No
C2.1. If yes, list the Tribes and identify services provided, if less than full services.  

D. Age of Majority

Top of Page
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
For Additional Information - Click Here
D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. There is no automatic termination of support at any age. Emancipation is determined by the court on a case by case basis
D4. Does the date of the order impact what law is applied? No
D4.1. If yes, please explain.  
D5. Does child support end if the child leaves the household but does not emancipate? No
D5.1. Optional comments regarding emancipation. A motion must be filed with the court to emancipate the child for any reason.
D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes
D6.1. If yes, please explain. If the child is handicapped or continuing education or any other reason as determined by the court.
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 other wise emancipates? No
D7.1. If yes, please describe the procedure. Party must petition court for modification due to emancipation

E. Statute of Limitations

Top of Page
E1. What is your State's statute of limitations for collection of past due support? None
E2. What is your State's statute of limitations for paternity establishment? 5 years beyond the child's 18th birthday
E3. Is dormancy revival/renewal possible? No
E3.1. Please explain the circumstances when possible, and the length of time possible.  

F. Support Details

Top of Page
F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? Shared income model
F2. Does your State charge interest on missed arrears? No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.  
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.  
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.  
F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? 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/fees charged to the obligee?  
F6.2. What costs are recovered from/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 recovering of initiating State's fees. The exception is genetic testing fees.
F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. N.J.S.A. 2A:4-30.68
For Additional Information - Click Here
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, See AT 05-03)? 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 individuals who have never received IV-A assistance? N/A
F11.1 Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? N/A
F11.2 Does your State collect the fee from the individual applying for IV-D services? N/A
F11.3 Does your State collect the fee from the absent parent? N/A
F11.4 Does your State pay the fee out of its own funds? Yes.
F12 When will your State implement the required 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.
F13.1 If yes, provide the date.  
F14 Will 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.  
F15 Will your State discontinue eligible assignments under the DRA of 2005? As of today, this has not been decided.
F15.1 If yes, list the eligible assignments your State would discontinue. N/A To Be Determined.
F15.2 When will your State discontinue each type of assignment? N/A Tp Be Determined.
F16 Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? Final determination has not been made as of this date.

G. Income Withholding

Top of Page
G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income withholding, wage withholding, wage execution
G2. 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 - Click Here
G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? No
G3.1. If yes, what are those limits?  
G4. What is the allowable fee per pay period for processing income withholding payments? $1.00
G5. 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
G6. 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
G7. 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.
G8. What is the penalty to an employer for failure to remit payments withheld? Determined by court
G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? No
G9.1. Optional comments regarding direct withholding of UI benefits across State lines. Requests must be submitted to the State IV-D Agency
G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? No
G10.1. Optional comments regarding direct withholding of WC benefits across State lines.  
G11. 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.
G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate 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
G12.1. 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
G12.2. If assistance is not available, explain how employers should proceed. Please 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 - Click Here
G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? Yes
G14. When does your state require the employer to send notice of an employee's termination?  
G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? Not specified
G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? No
G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? No
G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Employer, financial institution
G19. 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

H. Paternity

Top of Page
H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? 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%
H3. Optional comments regarding paternity acknowledgment conclusive legislation. NJSA 9:17-41However was amended in 1998 to allow 60 days to rescind
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.  
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.
H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No
H6.1. If no, briefly explain. Rebuttable presumption
H7. Does your State have any other paternity-related presumptions? Yes
H7.1. If yes, briefly explain. If the parents are or have been married; if a marriage was attempted prior to the birth, but declared invalid; if a marriage was attempted after the birth, but declared invalid; if he openly holds the child to be his; if he provides support for the child; he acknowledges paternity in writing and files such with local registrar and is not disputed by the natural mother.
H8. Does your State have a putative fathers' registry? No
H8.1. If yes, what is the name of that entity?  
H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes
H9.1. If yes, please describe any circumstances under which these fees may be waived.  
H10. Is common law marriage recognized in your State? No
H10.1. If yes, briefly describe the standard that defines common law marriage.  
H10.2. When did your current common law standard go into effect?  
H10.3. 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? N/A
H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) A verified statement given under oath in another state is acceptable, as well as testimony by telephone, audiovisual means, or other electronic means.
H12. Please give the statutory citation for your State's long arm statute and list any special provisions. NJSA 2A:4-30.68-69
For Additional Information - Click Here
H13. Does your State recover genetic testing costs for other States? Yes
H13.1. If so, please explain. If ordered by the court
H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? If the parents are unmarried, the parents must have completed certificate of parentage (COP)or obtained a court order
H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity?  
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? Send one set with separate paternity affidavits.

I. Support Order Establishment

Top of Page
I1. Does your State use an administrative, a 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?  
I1.2. Under what circumstances would the judicial process be used?  
I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures.  
For Additional Information - No Link Provided
I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) 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.
I4. Will your State establish support orders for prior periods? No
I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?  
I4.2. What information or documentation does your State require to proceed?  
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, please specify.  
I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support?  
I6. What is your State's statutory authority for the administrative process?  
For Additional Information - No Link Provided
I7. Is there a local State law that allows an interstate administrative subpoena? No
I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? Yes
I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or 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) to have legal custody of a child before enforcing an order for support that was issued as 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 be ordered, should the other State request an establishment or a modification action? Modification

J. Support Enforcement

Top of Page
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
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? Available but rarely used
J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Administrative
J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? When account is levied
J4.2. Does your State's income withholding definition include amounts in financial institutions? Yes
J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes
J4.3.1 If yes, who notifies the NCP, the State or financial institution? The state is required to notify the NCP, which we do. However, the financila 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 dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? None
J5.3. Is there a specified amount of time for the obligor to be delinquent 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, please provide the percentage.  
J5.4.2 . Is the percentage different for joint accounts? No
J5.4.3. If yes, please define.. The full amount can be levied, but usually 50% is levied.
J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please 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 and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? 30 days
J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State 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/contest a freeze and seize action? Mistaken identity, incorrect arrearage amount, court litigation, joint account, extreme hardship
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 are 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. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? No
J5.16.1. If yes, what is the amount?  
J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? Yes
J5.17.1 If yes, please provide the State statutory citation 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 instsitution, an order is also obtained through the probation department.
J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? Yes
J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? 40 days
J5.19.1 . If yes, please define. 40 days after the initial notice
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? Unemployment benefits, workman's compensation, homestead rebate; administrative
J7. Please describe any other administrative enforcement procedures your State may have. Passport, lottery, insurance liens
J8. Please 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 our State's enforcement remedies are available without registration? Financial institution data match, administrative liens (AEI), CSLN
J11. Describe your State's registration and enforcement procedures. 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. After registration, describe additional judicial procedures required, 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, please provide the statutory citation. NJSA 2A:49-25 et.seq.
For Additional Information - Click Here
J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? Yes
J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required).  
J15. Does your State use credit bureau reporting as an enforcement method? Yes
J16. Provide which credit bureaus your State report an obligor's child support information? Experian, TransUnion, Equifax
J17. Is the method for credit bureau reporting judicial, administrative or both? Both
J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? Responding state
J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? Any arrears greater than $1000

K. Modification and Review/Adjustment

Top of Page
K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Every three years
K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? On request (Non-TANF) and every three years (TANF)
K3. Briefly describe your State's modification procedure. 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. What are your criteria for modification (e.g., $50 or 20% from present order)? 20% change in existing order
K5. Which of the following criteria for demonstrating a change in circumstances apply, if any?  
K5.1. The earnings of the obligor have substantially increased or decreased. Yes
K5.2. The earnings of the obligee have substantially increased or decreased. Yes
K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes
K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. Yes
K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes
K5.6. There has been a substantial change in child care expenses. Yes
K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? It is no longer required to demonstrate a change in circumstances to modify an order under the three-year review process.
K6. Does your State have cost of living adjustments (COLAs)? Yes
K6.1. If so, what index does your State use? CPI for the metropolitan statistical areas that encompass New Jersey
K7. How does your State credit SSA disability to current and past due support?  
K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. Yes
K8.1. If yes, please explain the situation? Party must petition the court for abatement unless specified in the order; i.e., children stay with obligor for the summer.
K8.2. What is the statutory citation for your abatement law?  
For Additional Information - No Link Provided
K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.  
K8.4. Please provide information 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
K9. What information is required 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.

L. Lump Sum Payments

Top of Page
L1. Does your State define a lump sum payment? No
L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)?  
L1.2 Provide the statutory citation. N/A
For Additional Information - No Link Provided
L2. Does your State law require employers to report lump sum payments? No
L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information.  
L3. Are employers required to report lump sums 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? N/A
L4. How are employers instructed to report a pending lump sum? In New Jersey, employers are not required to report the lump sum.
L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. N/A
L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? N/A
L7. Does your State use the income withholding order to attach the lump sum payment? Yes
L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? Original order
L8. Does your State use the lien/levy process to attach the lump sum payment? Yes
L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? Notice of Lien; CSLN
L9. What other documents does your State use to attach lump sum payments? N/A
L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? No
L10.1 If yes, what are those limits? Not required, but limits are applied on a case by case basis
For Additional Information - No Link Provided
L10.2 If no, what percentage is the employer required to withhold? N/A
L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? Yes
L11.1 If yes, would the employer only withhold for that period's obligation? Yes

M. Insurance Match

Top of Page
M1. Indicate whether your State has the following enforcement remedies available. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided.  
For Additional Information - Click Here
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 participate in an Insurance Match program? No
M2.1. If yes, provide the statutory citation No. However, N.J.S.A. 2A:17-56.23b requires that the beneficiarys 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
M2.2 If no, has your State proposed or introduced legislation? See above.
M3. Does your State participate in an Insurance Match program? Yes
M4. Does your State match directly with insurers or participate in a consortium for Insurance Match? Although most of our matches come from the CSLN consortium, we occasionally receive calls directly from insurance companies that have conducted a title search as described above.
M5. If your State participates in an Insurance Match program, is there a fee involved? Yes.
M5.1. If yes, provide the fee amount. $41 per match. If a match is outdated, medical only, etc., we do receive a credit.
M6. List the form(s) your State uses to intercept insurance settlements. Notice to Withhold Insurance Assets, and Notice to Obligor of Withholding of Insurance Assets.
M7. Does legislation in your State prohibit insurance intercept for specific claim types? 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. .
M7.1. If yes, list the claim types and provide the statutory citation. See above.
For Additional Information - No Link Provided
M8. Provide the criteria that must be met for a NCP to be eligible for Insurance Match and/or intercept? The case must be a qualified IV-D case, and there must be a child support arrearage owed equal to, or more than, $1,000.
M9. Is there a maximum dollar amount or percentage that can be collected through insurance intercept? No.
M9.1. If yes, please provide the dollar amount and/or percentage.  
M10. Has your State established a time frame to conduct the match with insurers and/or Workers Compensation Agencies? No.
M10.1. If yes, what are the time frames?  
M11. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? The central child support agency routinely sends a notice to the NCP.
M12. Please provide your statutory citation for notifying an NCP of insurance intercept. 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.
M13. Does your State legislation allow Insurance Match with your Workers Compensation Agency? Yes.
M13.1. If yes, provide the statutory citation. N.J.S.A. 2A:17-56.53g(1)
M14. Does your State participate in an Insurance Match with your Workers Compensation Agency? We do not have an interface however the workers compensation courts search our child support system on a case by case basis to identity delinquent obligors.
Top of Page

Last Modified: May 28, 2007

 
IRG Public User Guide
[IRG Background] [CSENet 2000 Transaction Type Overview]
[BIA] [ISO] [NCSEA] [International Policy]
[ACF Home] [OCSE Home] [Privacy Notice] [Disclaimer]
If you have questions or comments about the content in the IRG, e-mail the IRG Administrator
If you have technical questions or comments about the web site, e-mail WebMaster
Paperwork Reduction Act of 1995    USA.gov    GobiernoUSA.gov