Obligation Types
In this Topic
Introduction
Court orders may include four types of obligation:
- Financial (child support, alimony/spousal)
- Non-financial (proof of health-care coverage, proof of employment search )
- Event (e.g., unreimbursed medical cost)
- Fees (e.g., cost of genetic testing)
Financial Obligations
A financial obligation is the dollar amount the NCP must pay for support at the frequency indicated in the support order. Enforcement is required when support payments are 14 or more days past due.
- Arrears represent the amount of delinquent support from the date the support order was entered. For example, if the effective date of the order is July 1, 2006, and the NCP does not make a full payment on or before July 1, 2006, the support due is considered arrears.
- Retroactive arrears (past-due support) are the arrears that accumulated between the effective date of the obligation and the date of the hearing. The effective date of a support order is normally the date a party files a complaint or modification motion. The issuance of a child support order usually takes place several weeks after the filing of the complaint or modification motion. An arrears obligation may be established at the time the order is entered. If the NCP fails to make payments as required, the arrears become subject to other enforcement remedies. By operation of law, all arrears are docketed as a judgment in the Superior Court.
Note: If financial obligations are not met, various enforcement remedies can be used.
Non-financial Obligations
Non-financial obligations are provisions within support orders that define obligations that are not quantified in dollars. Non-financial obligations include providing proof that health-care insurance coverage has been secured or proof of employment search.
Periodic obligations require the CP or the NCP to perform a task periodically; for example, the NCP may be required to report to the PCSE Unit on a weekly basis and provide evidence that he or she is actively seeking employment. Other non-financial obligations include visitation and custody, which are generally addressed through the Superior Court of New Jersey, Chancery Division, Family Part.
Event Obligations
Event obligations typically include providing proof of health-care coverage by a specific date or the NCP paying a percentage of unreimbursed medical expenses as they are incurred. Event obligations are non-financial until the event occurs.
Fee Obligations
Fee obligations typically include genetic-testing costs that are often included in arrears balances and enforced by the PCSE Unit.