Bill Text: NJ A2835 | 2012-2013 | Regular Session | Introduced
Bill Title: Provides that Probation Division would file child support judgement as a lien only when amount of judgement equals or exceeds amount of child support due for a one-month period.*
Sponsorship: Partisan Bill (Democrat 2)
Status: (Engrossed - Dead) 2013-05-09 - Received in the Senate, Referred to Senate Judiciary Committee [A2835 Detail]
Download: New_Jersey-2012-A2835-Introduced.html
Sponsored by:
Assemblywoman CELESTE M. RILEY
District 3 (Cumberland, Gloucester and Salem)
Assemblyman GILBERT "WHIP" L. WILSON
District 5 (Camden and Gloucester)
SYNOPSIS
Clarifies that child support judgments shall not be docketed until arrearage equals or exceeds $500.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the docketing of child support orders and amending P.L.1988, c.111.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1988, c.111 (C.2A:17-56.23a) is amended to read as follows:
1. Any payment or installment of an order for child support, or those portions of an order which are allocated for child support, whether ordered in this State or in another state, shall be fully enforceable and entitled as a judgment to full faith and credit and shall be a judgment by operation of law on and after the date it is due. For obligors who reside or own property in this State, such judgments, once docketed with the Clerk of the Superior Court, shall have the same force and effect, be enforced in the same manner and be subject to the same priorities as a civil money judgment entered by the court. The State shall accord full faith and credit to child support judgments or liens of other states, whether arising by operation of law or having been entered by a court or administrative agency, when a Title IV-D agency, a party, or other entity seeking to enforce such a judgment or lien in this State files a Notice of Interstate Lien, in the form prescribed by the federal Office of Child Support Enforcement, and supporting documents with the Clerk of the Superior Court. An action to domesticate a foreign child support judgment or lien shall be consistent with the "Uniform Enforcement of Foreign Judgments Act," P.L.1997, c.204 (C.2A:49A-25 et seq.). Liens against real and personal property shall be subject to the same enforcement procedures as other civil money judgments except that no judicial notice or hearing shall be required to enforce the lien. The Probation Division of the Superior Court shall not docket a child support judgment as a lien with the Clerk of the Superior Court until the amount of the arrearage equals or exceeds $500.00. No payment or installment of an order for child support, or those portions of an order which are allocated for child support established prior to or subsequent to the effective date of P.L.1993, c.45 (C.2A:17-56.23a), shall be retroactively modified by the court except with respect to the period during which there is a pending application for modification, but only from the date the notice of motion was mailed either directly or through the appropriate agent. The written notice will state that a change of circumstances has occurred and a motion for modification of the order will be filed within 45 days. In the event a motion is not filed within the 45-day period, modification shall be permitted only from the date the motion is filed with the court.
The non-modification provision of this section is intended to be curative and shall apply to all orders entered before, on and after the effective date of P.L.1993, c.45 (C.2A:17-56.23a).
(cf: P.L. 1998, c.1, s.25)
2. This act shall take effect immediately.
STATEMENT
This bill amends the statute concerning the docketing of child support judgments to provide that the Probation Division shall not docket a judgment as a lien through the automated processing system until the amount due exceeds the amount of support payable for one month. The bill does not prohibit an obligee from manually docketing a child support judgment of any amount as a lien with the Clerk of the Superior Court.
