A5890

An Act concerning child support and amending P.L.2015, c.223.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2015, c.223 (C.2A:17-56.67) is amended to read as follows:

1. a. Unless otherwise provided in a court order [or], judgment, or preexisting agreement, the obligation to pay current child support and the obligation to pay current health care coverage for a child shall terminate by operation of law without order by the court on the date that a child marries, dies, or enters the military service. In addition, a child support obligation shall terminate by operation of law without order by the court when a child reaches 19 years of age unless:

(1) another age for the termination of the obligation to pay child support, which shall not extend beyond the date the child reaches 23 years of age, is specified in a court order or judgment;

(2) the child suffers from a severe mental or physical incapacity as defined in subsection a. of N.J.S.2A:34-23 that causes the child to be financially dependent on a parent and the continuation of the obligation to pay support for that child is specified in a court order or judgment;

(3) a written request seeking the continuation of child support services is submitted to the court by a custodial parent prior to the child reaching the age of 19 in accordance with subsection b. of this section and such request is approved by the court; or

[(3)] (4) the child receiving support is in an out-of-home placement through the Division of Child Protection and Permanency in the Department of Children and Families.

b. (1) In response to a notice of proposed termination of child support issued in accordance with subsection d. of this section, a custodial parent may submit a written request, on a form and within timeframes promulgated by the Administrative Office of the Courts, with supporting documentation to the court, including a projected future date when support will terminate, seeking the continuation of child support beyond the date the child reaches 19 years of age in the following circumstances:

(a) the child is still enrolled in high school or other secondary educational program;

(b) the child is a student in a post-secondary education program and is enrolled for the number of hours or courses the school considers to be full-time attendance during some part of [each of any five calendar months of] the academic year; or

(c) the child has a physical or mental disability, as determined by a federal or State government agency, that existed prior to the child reaching the age of 19 and requires continued child support.

(2) A custodial parent may file a motion with the court seeking to extend the obligation to pay child support beyond the date the child reaches 19 years of age due to exceptional circumstances as may be approved by the court.

c. [If the court finds that] The Probation Division of the Superior Court shall review the request form and supporting documentation submitted by the custodial parent [establish sufficient proof] and shall make a recommendation to the court as to whether to continue the child support beyond the date a child reaches 19 years of age pursuant to paragraph (1) of subsection b. of this section. If sufficient proof has been provided, the child support obligation shall not be terminated by operation of law when the child reaches the age of 19, and the court shall issue an order establishing the [prospective] date of child support termination. A copy of the court order shall be provided to both parents of the child. A parent responsible for paying child support who disagrees with the court's decision to continue child support beyond the date the child reaches 19 years of age or who otherwise desires to modify or terminate the child support obligation may, at any time, file a motion with the court seeking relief from that obligation.

d. For child support orders that are administered by the Probation Division of the Superior Court, the Probation Division and the State IV-D agency shall cooperatively provide both parents with at least two written notices of a proposed termination of child support, which shall include information and the request form to facilitate the continuation of child support beyond the date the child reaches 19 years of age. The first notice shall be sent to the last known address of the parties at least 180 days prior to the proposed termination date, and the second notice shall be sent to the last known address of the parties at least 90 days prior to the proposed termination date. The second notice shall not be required whenever a custodial parent's request for continuation is pending or a new date of child support termination has been established. To the extent feasible, the Probation Division and the State IV-D agency shall cooperatively provide additional notice to the parents by text message, telephone message, or other electronic means. In addition, all orders and judgments that include a child support obligation entered after the effective date of P.L.2015, c.223 (C.2A:17-56.67 et seq.) shall contain information regarding the termination of child support obligations as provided in P.L.2015, c.223 (C.2A:17-56.67 et seq.). Failure of a party to provide a current mailing address shall not prevent the termination of the obligation.

e. [Notwithstanding the provisions of this section,] Except for child support services provided pursuant to paragraph (2) of subsection a. of this section for a child who suffers from a severe mental or physical incapacity and subparagraph (c) of paragraph (1) of subsection b. of this section for a child with a physical or mental disability, the obligation to pay child support shall terminate by operation of law when a child reaches 23 years of age. The Probation Division of the Superior Court and the State IV-D agency shall cooperatively provide both parents with a written notice of termination sent to the last known address of the parties at least 90 days prior to the termination date and, to the extent feasible, the Probation Division and the State IV-D agency shall cooperatively provide additional notice to the parents by text message, telephone message, or other electronic means.

f. Nothing in this section shall be construed to:

(1) prevent a child who is beyond 23 years of age from seeking a court order requiring the payment of other forms of financial maintenance or reimbursement from a parent as authorized by law to the extent that such financial maintenance or reimbursement is not payable [or enforceable] as child support as defined in section 3 of P.L.1998, c.1 (C.2A:17-56.52); [or]

(2) prevent the court, upon application of a parent or child, from converting, due to exceptional circumstances including, but not limited to, a mental or physical disability, a child support obligation to another form of financial maintenance for a child who has reached the age of 23;

(3) prevent the court, upon application of a parent or child, from ordering the continuation of the child support obligation or the continuation of Title IV-D services, or both, for a child with a severe physical or mental incapacity as defined in N.J.S.2A:34-23 and consistent with paragraph (2) of subsection a. of this section concerning a child who suffers from a severe mental or physical incapacity. The parental obligation to provide support for the child shall continue until the court finds that the child is relieved of the incapacity or is no longer financially dependent on the parent. In assessing the financial obligation of the parent, the court shall consider the factors set forth in N.J.S.2A:34-23; or

(4) require the Probation Division of the Superior Court to provide any establishment, monitoring, or enforcement of financial maintenance or reimbursement orders.

(cf: P.L.2015, c.223, s.1)

2. Section 5 of P.L.2015, c.223 (C.2A:17-56.71) is amended to read as follows:

5. Nothing in P.L.2015, c.223 (C.2A:17-56.67 et seq.) shall:

a. require or relieve a parent from paying support or other costs while a child is enrolled full-time in a post-secondary education program;

b. prohibit the State IV-D agency or the Probation Division of the Superior Court from seeking to close a Title IV-D case or terminate its supervision of a child support order in accordance with procedures as provided under State or federal law and regulations or the Rules of Court;

c. prohibit any party from filing an application with the court seeking the termination of an order to pay child support for any cause other than those provided under P.L.2015, c.223 (C.2A:17-56.67 et seq.); [or]

d. prohibit the parties from consenting to a specific termination date for child support that does not exceed the date a child reaches 23 years of age, or to any other financial arrangements for a child that are not designated as child support, subject to the approval of the court;

e. prohibit the parties from consenting to any other financial arrangements for a non-disabled child 23 years of age or older that are not enforceable by the State IV-D agency or the Probation Division of the Superior Court; or

f. prohibit the State IV-D agency or the Probation Division of the Superior Court from:

(1) providing full Title IV-D child support services beyond the date the child reaches 19 years of age under the circumstances set forth in subsection a. or b. of section 1 of P.L.2015, c.223 (C.2A:17-56.67); or

(2) requiring the completion of a Title IV-D application in every case where a party is seeking full Title IV-D child support services and no application is on file, or an application is not required under law.

(cf: P.L.2015, c.223, s.5)

3. This act shall take effect on the first day of the 11^th month following enactment and shall be applicable to all child support orders issued prior to, on, or after the effective date. The Department of Human Services, in conjunction with the Administrative Office of the Courts, may take such anticipatory administrative action in advance as may be necessary for the implementation of this act.

STATEMENT

This bill would clarify certain procedures concerning the collection of child support on behalf of a child over the age of 19 when such support has been ordered by the court.

Under section 1 of P.L.2015, c.223 (C.2A:17-56.67), when a child reaches age 19, the obligation to pay child support terminates by operation of law, without a court order, unless otherwise provided in a court order or judgment. Prior to the enactment, which took effect February 1, 2017, there was no set termination date for child support and payors were required to obtain a court order authorizing such termination.

Section 1 of P.L.2015, c.223 (C.2A:17-56.67) provides that child support will not terminate by operation of law when the child reaches age 19 if:

(1) another age for termination, which may not extend beyond the date the child reaches age 23, is specified in a court order; or

(2) the child is in an out-of-home placement through the Division of Child Protection and Permanency in the Department of Children and Families.

The statute provides that the court may order child support to continue after age 19 if:

(a) the child is still enrolled in high school or in another secondary educational program;

(b) the child is enrolled in a post-secondary education program; or

(c) the child has a physical or mental disability, as determined by a federal or State government agency, that existed prior to age 19, and requires continued child support.

In addition, the court may order child support to continue beyond age 19 if the court finds “exceptional circumstances as may be approved by the court.”

Section 1 of P.L.2015, c.223 (C.2A:17-56.67) also provides that nothing in the statute shall prevent the court from converting, due to exceptional circumstances including, but not limited to, a mental or physical disability, a child support obligation to another form of financial maintenance for a child who has reached the age of 23.

Amendments to Section 1 of P.L.2015, c.223 (C.2A:17-56.67):

This bill would add to the age 19 child support termination provision a specific exception for a child with a severe incapacity. Under the bill, child support would not terminate at age 19 if the child suffers from a severe mental or physical incapacity, as defined in subsection a. of N.J.S.2A:34-23, that causes the child to be financially dependent on a parent and the continuation of the obligation to pay support for that child is specified in a court order or judgment.

In addition, the bill specifies that where a parent submits a request to the court seeking continuation of child support beyond the child reaching age 19, the Probation Division of the Superior Court would review the request and make a recommendation to the court. If sufficient proof has been provided, the child support obligation would not be terminated by operation of law when the child reaches age 19, and the court would issue an order establishing the date of child support termination.

The bill also specifies that child support would not terminate by operation of law when a child reaches age 23 if the child suffers from a severe mental or physical incapacity, or has a physical or mental disability that existed prior to reaching age 19 and requires continued child support.

The bill additionally specifies that nothing in section 1 of P.L.2015, c.223 (C.2A:17-56.67) shall be construed to prevent the court, upon application of a parent or child, from ordering the continuation of the child support obligation or the continuation of Title IV-D services, or both, for a child with a severe physical or mental incapacity as defined in N.J.S.2A:34-23 and consistent with paragraph (2) of subsection a. of C.2A:17-56.67 concerning a child who suffers from a severe mental or physical incapacity. The parental obligation to provide support for the child would continue until the court finds that the child is relieved of the incapacity or is no longer financially dependent on the parent. In assessing the financial obligation of the parent, the court would be required to consider the factors set forth in N.J.S.2A:34-23.

The bill also provides that nothing in section 1 of P.L.2015, c.223 (C.2A:17-56.67) shall be construed to require the Probation Division of the Superior Court to provide any establishment, monitoring, or enforcement of financial maintenance or reimbursement orders.

Amendments to Section 5 of P.L.2015, c.223 (C.2A:17-56.71):

The bill would amend section 5 of P.L.2015, c.223 (C.2A:17-56.71) to provide that nothing in the statute shall:

(1) prohibit the parties from consenting to any other financial arrangements for a non-disabled child 23 years of age or older that are not enforceable by the State IV-D agency or the Probation Division of the Superior Court; or

(2) prohibit the State IV-D agency or the Probation Division of the Superior Court from:

(a) providing full Title IV-D child support services beyond the date the child reaches 19 years of age under the circumstances set forth in subsection a. or b. of section 1 of P.L.2015, c.223 (C.2A:17-56.67); or

(b) requiring the completion of a Title IV-D application in every case where a party is seeking full Title IV-D child support services and no application is on file, or an application is not required under law.