Delinquency/Noncompliance

In this Topic

  1. Introduction
  2. Time Frames
  3. Direct Payment Conversions
  4. Monitoring Compliance
  5. Related Information

Introduction

The Title IV-D agency is required to maintain an effective system to monitor compliance with court-ordered obligations and to identify at what point noncompliance or delinquency occursoccursCode of Federal Regulations, 45 CFR 303.6. Delinquency or noncompliance occurs if:

  • The NCPNon-custodial parent fails to make payments in accordance with the court order; for example, if the NCP is ordered to pay the sum of $400 per month as child support effective the fifth of every month, the NCP will be delinquent if he or she has not paid the amount due by the sixth of the month
  • A non-financial obligation is not met; for example, the NCP is not actively seeking employment or fails to provide health insurance coverage as outlined in the support order

Time Frames

The Code of Federal Regulations, 45 CFR 303.6(c)(2), requires that the Title IV-D agency take appropriate enforcement action if delinquency occurs.

  • The action must begin within no more than 30 calendar days of identifying a delinquency or locating the NCP, whichever occurs later.
  • If notice is necessary before enforcement action, proof of service on the NCP must be completed, and enforcement action taken, within 60 calendar days of identifying the delinquency or locating the NCP, whichever occurs later.
  • If notice cannot be served, all attempts to do so must be documented.

Note: CPCustodial parent or party requests for enforcement require a review of the case for enforcement activity, if appropriate.

Direct Payment Conversions

In cases not payable through the Title IV-D agency, the CP or the NCP may file a Certification for Future Support through the Superior Court of New Jersey, Chancery Division, Family Part, or the CP may apply to the CWA for location services if the NCP’s whereabouts are unknown.

  • The party would complete a IV-D application and pay a $6.00 fee (non IV-D cases are charged a $25 annual monitoring fee).
  • The affidavit, along with a letter of explanation, is sent to the other party by regular and certified mail.
    • If there is no objection made by the NCP and there is proof of service, a child support order prepared by the Family Division is initiated for the conversion of payments through the NJFSPCNew Jersey Family Support Payment Center. Once a Superior Court Judge, Family Division, signs the order, the support obligation is entered on NJKiDSNew Jersey’s Federally certified, statewide automated case management system for tracking all information related to child support cases. NJKiDS monitors cases to ensure that case actions are completed within required time frames. NJKiDS is also used to provide statistics, reports, and information about child and alimony/ spousal support enforcement in New Jersey to Federal, State, and local authorities. NJKiDS serves as the State Case Registry for IV-D support cases. by the appropriate department, and the court order is then forwarded to the PCSE Unit for enforcement.
    • If either party makes an appeal, the matter is scheduled before the court for a decision.

Note: If the parties cannot resolve outstanding unpaid medical expenses, either party may file a motion for the courts to address the issue.

Monitoring Compliance

Once a support order is established and payable through the court, it is monitored to determine whether the NCP is meeting his/her obligations. The PCSEProbation Child Support Enforcement Unit, using the available tools, must monitor whether or not the obligations are delinquent. NJKiDS is programmed to alert the PCSE Unit if an NCP is delinquent or noncompliant with the court order.

  • Code of Federal Regulations, 45 CFR 303.6

 

Institute for Families, School of Social Work  Rutgers, the State University of New Jersey - Child Support Program Manual 2020 Release