Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Requires certain accuracy standards for child support wage garnishments.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning child support and amending P.L.1981, c.417.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1981, c.417 (C.2A:17-56.9) is amended to read as follows:
3. For support obligations that are payable through the Probation Division, the Probation Division shall mail the notice of immediate withholding to the obligor's payor if the payor is known. If the obligor's source of income is unknown at the time the Probation Division receives the support order, the Probation Division shall mail the notice to the payor within the time frame required pursuant to federal law. If an alternative payment arrangement has been ordered as provided in section 2 of P.L.1981, c.417 (C.2A:17-56.8) or a support order entered prior to October 1, 1996, the income withholding shall be initiated by the Probation Division when the obligor has failed to make the required child support payment and has arrearages accrued equal to the amount of the support payable for 14 days, or without regard to an arrearage or an alternative agreement if the obligee, for good cause, or the obligor requests that withholding be initiated. Subject to the provisions of P.L.1981, c.417 (C.2A:17-56.8 et seq.), an income withholding shall be initiated by the Probation Division and shall take effect without amendment to the support order or further court or quasi-judicial action and without regard to any alternative arrangements entered into by the parties or ordered by the court.
The total amount of income to be withheld shall not exceed the maximum amount permitted under section 303 (b) of the federal Consumer Credit Protection Act (15 U.S.C. s.1673(b)). The income withholding shall be carried out in full compliance with all procedural due process requirements. The Administrative Office of the Courts shall establish procedures for promptly terminating the withholding when necessary and for promptly refunding amounts which have been improperly withheld.
The Administrative Office of the Courts shall establish procedures to ensure that the total amount of income withheld from all sources is not greater than the total amount due as current support, including any arrearages. The Administrative Office of the Courts shall establish procedures to promptly refund to the obligor any amount withheld from the obligor’s income that exceeds the amount due.
The Probation Division shall extend the income withholding system to include withholding from income derived within the State in cases where the applicable support order was issued in another state.
When an income withholding order has been issued in this State, it shall promptly be forwarded to the obligor's principal place of employment pursuant to P.L.1998, c.2 (C.2A:4-30.65 et seq.) or to the appropriate child support agency in the payor's state in the form prescribed by the federal Office of Child Support Enforcement. All procedural due process requirements of the state Title IV-D agency where the obligor has income shall apply to the income withholding.
(cf: P.L.1998, c.1, s.19)
2. This act shall take effect immediately.
STATEMENT
This bill requires the Administrative Office of the Courts to ensure that the total amount of income withheld from all sources for a child support obligation is not greater than the total amount of support that is currently due, including any arrearages. The bill also requires the Administrative Office of the Courts to establish procedures to refund to the obligor any amount that is withheld in excess of the amount due.