Child Support Process
In this Topic
Program Goals
The goals of the New Jersey CSP are as follows:
- Help parents assume responsibility for the economic and social well-being, health, and stability of their children
- Recognize the value of child’s relationships with both parents and the critical role each parent plays in a child’s life
- Engage in partnerships with parents; other state community agencies and institutions; other states, territories, countries, and the federal government
There are two parties in every child support case. One is the CP, the parent who lives with the child and has primary day-to-day responsibility for that child; the other is the NCP.
The Child Support Program in New Jersey involves various agencies. Staff in those agencies use the state automated system to track all information related to child support cases. The figure below illustrates the major steps of the child support enforcement process.
Child Support Enforcement Process
Click on the work flow boxes to go directly to the applicable procedures.
Apply for Child Support
The application process and the creation of the support case in the state automated system make up the case initiation function. The process begins when an individual applies for Public Assistance or completes an application form and requests child support services from a CWA or Family Division. In addition, cases may be referred to the CWA from other agencies (e.g., the New Jersey DCP&P) seeking child support on behalf of children who are in court-ordered placement, or to the Family Division of the Superior Court from a foreign jurisdiction or court.
Public Assistance recipients automatically receive child support services. They are required to assign their child support rights to the state for the period during which they collect welfare benefits.
Intake Process
The intake function provides an opportunity to ensure that the case is set up with information that is as complete and accurate as possible. The function comprises the following steps:
- Schedule an appointment or accept walk-in customers
- Conduct an interview
- Create a case in the state automated system and verify information on FACTS
- File a complaint
- Obtain appropriate signatures
- Obtain IV-D application and fee when appropriate
Throughout the process, attention must be paid to data security and domestic violence issues. All staff are bound to keep matters confidential and to protect privacy.
Perform Locate Functions
Locate refers to the process used to find or attempt to find, the NCP. There are various automated and manual resources that can be used during the locate process. For all cases, compliance by the CP is mandatory—noncompliance adversely affects the collection of support and the restart of location actions and activities.
Service of Process
A person must have legal notice of a court proceeding according to court rule, as well as, an opportunity to be heard before a court can issue an order affecting that person. Judges will enter a default order without appearance if good service is documented.
Establish Paternity
Establishment of paternity is the process of creating a legal relationship between a father and a child when the child’s parents are unmarried.
- Voluntary acknowledgment: If the father agrees that he is the father, he may sign a COP.
- Acknowledgment of paternity in court: This is a process to establish paternity through adjudication.
- Genetic testing: If the father does not agree that the child is his, a genetic test must be done.
Once paternity is confirmed, the next step is establishing a child support order to determine the proper amount of support the child should obtain.
Establish Support Order
Establishment of a support order is the process of determining the financial obligation for child support and health-care provision. The New Jersey Child Support Guidelines are applied to establish how much money each parent should contribute for the care of the child. The guidelines must be used, or the parties can waive them.
- If the parties to the case agree to an obligation amount, a Superior Court Judge, Family Division, signs a consent agreement.
- If a party to the case disagrees to the obligation amount, the parties must attend a hearing at the Superior Court of New Jersey, Chancery Division, Family Part, hearing to present information.
Appeals can be made from
- Child Support Hearing Officers to a Superior Court Judge, Family Division
- A Superior Court Judge, Family Division, to the Appellate Division
Process Payments
In most cases, child support payments are automatically deducted from the NCP’s paycheck. This is called income withholding. The employer deducts the amount of child support and sends the payment to the NJFSPC, which, in turn, sends the money to the CP.
If the CP receives Public Assistance, the payment goes to the agency that provides assistance. However, the CP may be eligible to keep up to $100 of the disregard payment per month, subject to certain criteria.
Child support payments are processed by the NJFSPC.
Modification of Support Order
There are three ways to modify a child support order:
- Review for possible adjustment — every three years
- COLA — every two years
- Application or Motion to change an order
Order Enforcement
When there is a child support order, the NCP is obligated to pay support through NJFSPC. If payments are late or incomplete, enforcement actions are taken by the PCSE Unit to ensure that the support is paid and applied to the case. Enforcement is the collection of current support or overdue support, also known as arrears. The following is a list of enforcement tools.
Enforcement Tools
- Income withholding
- Passport denial
- Credit bureau reporting
- Civil awards/settlements
- Lottery winnings intercept
- Court enforcement
- Tax Offset Program
- Administrative Offset Program
- FIDM (Financial Institution Data Match)
- Warrants
- License revocation suspension
- Judgments/liens on property
- NDNH and SDNH
Case Closure
Federal criteria are used to evaluate whether a support case is eligible for closure. Case closure does not eliminate the support order or arrearage; the support order will convert to a direct pay. However, Child Support Program services will no longer be provided.
The federal criteria are as follows:
- No Longer a Current Support Order and Arrears under $500
- Death of a Non-Custodial Parent or Putative Father
- Paternity Cannot Be Established
- NCP Location is Unknown
- NCP is Unable to Pay Support
- NCP Resides Abroad without Reciprocity
- Location Services Complete
- Custodial Parent Requests Closure
- Good Cause
- Unable to Contact Non-TANF Recipient of Services
- Non-Cooperation by Non-TANF Recipient of Services
- Failure of Initiating State to Take Essential Action
- Initiating Agency Has Closed Its Case
- Intergovernmental Services Are No Longer Needed
Intergovernmental Processing
Although not an actual part of case processing, the residence of the parties to a case has bearing on how a support case will be handled. An intergovernmental child support case may be a case in which the NCP lives out-of-state. CSENet is used to initiate intergovernmental child support processing and to respond to other states. In New Jersey, CSENet is accessed through the state automated system. CSENet is only available for use with those states where there is an agreement.