ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY JOINT RESOLUTION
Nos. 32 and 36
STATE OF NEW JERSEY
215th LEGISLATURE
ADOPTED JUNE 18, 2012
Sponsored by:
Assemblyman TROY SINGLETON
District 7 (Burlington)
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
Assemblyman CRAIG J. COUGHLIN
District 19 (Middlesex)
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblyman RUBEN J. RAMOS, JR.
District 33 (Hudson)
Co-Sponsored by:
Assemblyman O'Scanlon and Assemblywoman Mosquera
SYNOPSIS
Establishes a commission to study alimony law.
CURRENT VERSION OF TEXT
As amended by the General Assembly on June 21, 2012.
A Joint Resolution creating a commission to study the law on alimony.
Be It Resolved by the Senate and General Assembly of the State of New Jersey:
1. There is hereby created a commission to be known as the “Study Commission on Alimony” to consist of the Director of the Administrative Office of the Courts, or his designee, one member of the Senate appointed by the Senate President, one member of the Senate appointed by the Senate Minority Leader, one member of the General Assembly appointed by the Speaker of the General Assembly, one member of the General Assembly appointed by the Assembly Minority Leader, and six public members to be appointed by the Governor. The public members appointed by the Governor shall include at least two persons licensed to practice law in the State with a specialization in matrimonial law1[, two persons who advocate for reform of the alimony laws, one national expert on matrimonial law from outside New Jersey,]1 and at least one retired judge with experience in the Superior Court, Chancery Division, Family Part. 1Of the six public members, three shall be men and three shall be women.1
2. The commission shall organize as soon as practicable after the appointment of a majority of its members and shall select a chairperson from among its members. The chairperson shall appoint a secretary, who need not be a member of the commission.
3. Members of the commission shall serve without compensation but shall be reimbursed for necessary expenses actually incurred in the performance of their duties as members of the commission.
4. a. The commission shall study all aspects of alimony law in the State, including but not limited to:
(1) any Statewide trends in alimony awards over time, including determining what percentage of alimony awards, court-ordered and by agreement, consist of permanent alimony and how often State courts grant requests for modification of alimony awards;
(2) whether contemporary financial circumstances have affected any Statewide trends in alimony awards and, if so, how the Statewide trends have been affected;
(3) comparison of State alimony law with alimony laws in other states, including whether any other state has a requirement that the amount of alimony should be proportional to the duration of the marriage;
(4) comparison of State data and trends pertaining to alimony law with data from other states;
(5) the uniformity of the application of alimony law among the counties;
(6) the use of guidelines for establishing alimony used by other states;
(7) the court’s enforcement of alimony payments particularly with regard to whether the courts differentiate between alimony and child support in enforcement actions;
(8) the protocols to safeguard the integrity of the divorce system and fairness of enforcement and collections mechanisms for support orders; and
(9) any other issues as the commission may identify as necessary to understanding and improving State alimony law.
b. The commission shall propose new legislation, if it deems appropriate.
5. The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes, and to employ stenographic and clerical assistance and incur traveling and other miscellaneous expenses necessary to perform its duties, within the limits of funds appropriated or otherwise made available to it for its purposes.
6. The commission may meet and hold hearings at the places it designates, at which it may request the appearance of officials of any State agency or political subdivision of the State and may solicit testimony of interested groups and the general public.
7. The commission shall report its findings and recommendations to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), no later than 12 months following the organization of the commission.
8. This joint resolution shall take effect immediately and shall expire upon the submission of the report required pursuant to section 7 of this act.