New Jersey Judiciary Probation Child Support Enforcement
Revised 7-2015
In this Topic
New Jersey Statutes Annotated: |
N.J.S.AU. 2A:17-56.23(a) |
New Jersey Court Rules: |
R.U 4:42 – 4:50 |
Other Authorities: |
Title IV-D regulations have made it a State requirement that all child support orders, including those orders that are combined child support and spousal support, be entitled to judgment status and that unpaid support become a judgment by operation of law. States are mandated to have procedures which require that any payment or installment of support under any child support order, which remains unpaid after the date it is due, automatically becomes a judgment by operation of law, with the full force, effect, and attributes of a judgment of the State, including the ability to be enforced and entitled as a judgment to full faith and credit in such State and in any other State. Unlike income withholding, most remedies for collection of past-due child support require the obligor to have accrued arrears prior to the initiation of enforcement action. Therefore, it is essential that a judgment for the past due amount be obtained as the first step in securing payment on the arrears. Judgments can be imposed judicially or arise automatically by operation of law.
In New Jersey, civil money judgments, including child support judgments, are docketed by the Clerk of the Superior Court (Clerk) in Trenton. A docketed judgment has statewide effect and operates as a lien on any real estate owned by the obligor/debtor. A properly docketed judgment serves as constructive notice of the lien to all, including subsequent purchasers and others who may deal with the real estate. When real property is sold or transferred after entry of a judgment, the judgment passes with the property to subsequent owners. The lien is not extinguished by the mere transfer of ownership and remains enforceable until it expires or is judicially discharged.
A docketed judgment also has statewide effect and operates as a lien on the net proceeds of any settlement of a lawsuit, civil judgment, civil arbitration award, inheritance or Workers’ Compensation award.
Note: The public has access to the Judgment Lien Search via 23TUhttp://www.njcourts.govU23T.
If a judgment is entered in error (e.g., the case was opened with the incorrect obligor, the incorrect effective date, incorrect obligation amount, incorrect amount of arrears, or there is an unresolved direct pay credit), PCSE staff must prepare a proposed PPCSO to vacate the judgment. When signed, copies of the Order will be generated by NJKiDS and automatically mailed to the parties. PCSE staff must manually print and send the signed Order to Vacate Judgment to the Clerk, who will process the Order, close the judgment and mark it as vacated. No fee is required.
Pursuant to N.J.S.A. 2A:17-56.23b, also known as the New Jersey CCLL , a child support judgment shall be a lien against the net proceeds of any settlement of a lawsuit, civil judgment, civil arbitration award, inheritance or Workers’ Compensation award. The statute defines “net proceeds” as any amount in excess of $2,000 payable to the prevailing party after costs such as attorneys’ fees, witness fees, court costs, health care provider fees, Medicaid liens, reimbursement of a Workers’ Compensation lien and other costs are deducted. After all costs and fees are paid, the statute provides for distribution of the first $2,000 to the prevailing party. Any net proceeds remaining in excess of $2,000 must be paid towards the child support arrears.
A prevailing party, attorney, insurance company, or agent responsible for the final distribution of such funds must initiate a search of child support judgments through a private judgment search company to determine if the prevailing party or beneficiary is a child support judgment debtor before disbursing the net proceeds.
If a search reveals a child support judgment, the Probation Division must be contacted to arrange for satisfaction of the child support judgment prior to the disbursement of any funds to the prevailing party. The prevailing party’s attorney, insurance company, or agent who disburses the settlement proceeds could have liability for the amount of any such judgment if it is not satisfied or partially paid prior to the disbursement of the net proceeds.
If the prevailing party is not represented by an attorney, the judgment search must be initiated by the opposing settlement attorney, insurance company or agent before the proceeds are disbursed. If there are no attorneys representing either party in the settlement, the party initiating the lawsuit must request a judgment search from a private judgment search company and file the certification with the court.
Note: PCSE staff should not conduct an initial search for child support judgments as a substitute for the search required by the statute.
Inquiries to PCSE could be made by a party to the case, an attorney or other legal representative, a lender, or a title company. In responding to the inquiry, the PCSE judgment coordinator or designated staff must observe all confidentiality protocols and verify the identity of the requesting party. All requests, other than from the obligee/obligor, must be submitted in writing.
Upon receiving a judgment inquiry, staff is able to find child support and any other judgment records associated with the obligor by reviewing SORD or CJOD . For open cases, staff can first view the SORD screen to obtain the judgment number and date. In order to view the judgment(s) docketed on CJOD, staff can use the public access site, NJ Courts Online, located on the Judiciary’s InfoNet to conduct a Judgment Lien Search. The amount of the judgment shown on CJOD is the amount reported when the child support judgment record is first created. Child support judgments docketed on CJOD are not updated and thus do not reflect the current arrears balance as reported on NJKiDS . In order to find the current amount of the judgment, which by operation of law is the current amount of arrears owed, PCSE staff should view the ELOG and SLOG screens for the current arrears balance.
For situations where an obligor has cases with arrears in multiple enforcing counties, it is critical that there be coordination between the counties. The judgment coordinator that is first contacted regarding a judgment must contact the judgment coordinator(s) in the other counties where the obligor has a case. The judgment coordinators, as a group, must work to provide assistance with any inquiries as well as information to any party seeking a Warrant of Satisfaction. This would include the determination of proration of judgment payment amounts being made as a result of a settlement.
Note: Judgment inquiries on open cases are handled by vicinage PCSE staff, while judgment inquiries on closed and archived cases are handled by both vicinage PCSE staff and AOC CMU staff based on which office is the initial point of contact for the inquiry.
On open cases currently monitored by PCSE , the judgment record directs the inquiring party to contact the vicinage PCSE office for an updated judgment amount. PCSE may receive inquiries from parties to the case, attorneys, title companies, insurance companies, executors, or other interested parties; inquiries may be received via calls to the NJFSSC (referral to field), fax, mail or walk-in visits to office. PCSE staff may provide payment histories upon request to the parties or their legal representatives.
Note: The AOC supplies the Interest Calculator to the PCSE Managers.
Satisfaction of a judgment requires either a WOS or an order satisfying the judgment to be filed with the Clerk. A WOS, also referred to as a Warrant to Satisfy Judgment, is a legal document that, when filed with the Clerk, will satisfy the judgment in the CJOD database. The WOS does not affect future child support obligations, nor does it prohibit the entry of another judgment if the obligor fails to pay current child support in the future.
The WOS requires the signature of the obligee or the attorney for the obligee. The obligee’s signature must be witnessed by a notary public or attorney. Complimentary notary services shall be made available at every vicinage PCSE office for obligees requesting the notarization of a WOS.
Note: The WOS and related correspondence to the Clerk should be addressed to:
The Office of the Clerk of the Superior Court
Judgment Processing Unit
P.O. Box 971
Trenton, NJ 08625
Judgment inquiries on closed and archived cases (cases that were closed prior to NJKiDS ) are handled by both vicinage PCSE staff and AOC CMU staff depending upon the initial point of contact. When the referral comes to the local office via the NJFSSC the appropriate response is to return it to office 900 with a note indicating that it should be sent to AOC CMU. The office handling the inquiry must respond to the request for information as follows:
Note: If the case is open, handle the request for information as detailed in Section H, above.
In cases in which the judgment record identifies Probation as the contact, the Clerk’s Office requires a party attempting to file a WOS to either submit a WOS that contains the signature of either the VCPO or Assistant Director of Probation. A court order may be submitted in lieu of a WOS. Without the signature of the VCPO, Assistant Director of Probation, or a court order, the Clerk will reject the filing and return the WOS to the requesting party with a deficiency letter. A Warrant to Satisfy Judgment form (Attachment 1607E) with instructions ( Attachment 1607E WOS Instructions) is available to the public and may be found on the Judiciary website at www.njcourts.gov.
On closed and archived cases, vicinage PCSE or AOC CMU staff may receive a request for a WOS because Probation is still notated on the Clerk’s judgment record. Requests may be received by fax, letter, or walk-ins to the office. Depending upon initial point of contact, either Vicinage PCSE staff or AOC CMU staff may provide limited customer service assistance to litigants or their legal representatives seeking to file a WOS in closed and archived cases. The office that first receives the inquiry must process the request for assistance, which may include providing payment histories upon request. If a party is requesting pay history information from a non-enforcing county on a closed/archived case, the county should refer the party to the AOC CMU. Open cases can be referred to the CMU via an Action Alert. Closed/Archive cases can be referred via Email to AOC CMU.
The WOS requires the signature of the obligee or the attorney for the obligee. The obligee’s signature must be witnessed by a notary public or attorney. Complimentary notary services shall be made available at every vicinage PCSE office for obligees requesting notarization of WOS.
If the Vicinage office is the initial point of contact, a request for Probation assistance with a WOS is to be handled as detailed below.
Note: On closed and archived cases, staff shall NOT
Note: If the inquiring party is unable to locate the creditor to sign the WOS, staff should advise the party that an application/motion must be filed in the county of venue Family Division for a court order to remove the judgment in lieu of a WOS. If the application/motion is successful, the requesting party must forward the resulting order to the Clerk with the appropriate filing fee. The Clerk will then remove the judgment from the CJOD.
If the AOC CMU is the initial point of contact, a request for Probation assistance with a WOS is to be handled as detailed below.
Note: On closed and archived cases, staff shall NOT
Note: If the inquiring party is unable to locate the creditor to sign the WOS, staff should advise the party that an application/motion must be filed in the county of venue Family Division for a court order to remove the judgment in lieu of a WOS. If the application/motion is successful, the requesting party must forward the resulting order to the Clerk with the appropriate filing fee. The Clerk will then remove the judgment from the CJOD.
When an intergovernmental entity is identified as a creditor on a child support judgment docketed in New Jersey, Probation may be listed as the contact on the judgment. Vicinage PCSE or AOC CMU staff may receive a request for assistance with a WOS because Probation is notated on the Clerk’s judgment record. Requests may be received by referral, fax, letter, or walk-ins to the office. Requests for information pertaining to intergovernmental judgment creditors should be handled as follows:
Inquiries pertaining to child support judgments on open cases notating an intergovernmental entity as the creditor are to be handled in the same manner as all other judgment inquiries.
Note: When pursuing case closure on intergovernmental cases, New Jersey must request permission from the other jurisdiction to satisfy the New Jersey judgment. The response from the other jurisdiction must be captured on a CSENet transaction or transmittal. A detailed entry must be made on NOTE and the details captured on the USSO .
Other jurisdictions have varying practices regarding the docketing of arrears as judgments. When New Jersey is vacating or satisfying a New Jersey judgment, PCSE staff should review ISIN and determine whether any judgments were entered in other jurisdictions. If so, and New Jersey is recorded as the judgment creditor in another jurisdiction, staff should request the judgment be satisfied.
On closed or archived cases, if the inquiring party contacts staff seeking assistance with locating a contact for the intergovernmental entity because they are unable to locate the creditor on their own, staff may provide the party with a Judgment Inquiry Response —Interstate Agency Information letter (Attachment 1607G) containing all of the contact information for the other agency’s Central Registry Division and IV-D office. For more detailed information, staff may refer the party directly to the federal OCSE IRG . The IRG provides U.S. states, tribes, other partners, and the public with an effective and efficient way to view child support program information, including addresses, telephone numbers, email address and other contact information. The IRG consolidates data into a centralized, automated repository that can be accessed directly through the OCSE website located at http://www.acf.hhs.gov/programs/csss. The other jurisdiction may contact our ICR and ICR staff will respond as appropriate. Should the other jurisdiction contact the local office, they should be referred to the ICR.
If the inquiring party is unable to locate the creditor to sign the WOS, staff should advise the party that an application/motion must be filed in the county of venue Family Division for a court order to remove the judgment in lieu of a WOS. If the application/motion is successful, the requesting party must forward the resulting order to the Clerk with the appropriate filing fee. The Clerk will then remove the judgment from the CJOD.
For any judgment filed in a state other than New Jersey, the party will have to resolve that judgment with the state in which it is filed.
Pursuant to N.J.S.A. 2A:17-26.23a, any court-ordered child support obligation shall become a judgment by operation of law on or after the date the payment is due. Such judgment attaches as a lien against any real and personal property owned by the judgment debtor (obligor) and is subject to enforcement by execution through means authorized for collection of civil money judgments.
The judgment creditor (obligee) may execute a release document permitting the release of the judgment lien on a specific parcel of real property without extinguishment of the underlying judgment. Release documents are known variously as: Deed of Release; Release of Lien; Encumbrance Release; Judgment Lien Release; Lis Pendens Release; Partial Release of Judgment; Release of Premises from Judgment, etc. Attachment 1607J is a sample format of a Release of Premises from Judgment. The release document must be recorded in the Office of the Register of Deeds in the county in which the property is situated. The recording of the release document is sufficient to remove the lien from the specified real property.
At a minimum, the release document typically must contain the following information:
An obligee who executes a release document allows the property to be sold or refinanced free from the child support judgment lien, but that lien remains in effect and will encumber the transfer of title of any other real or personal property owned or subsequently acquired by the obligor. The release document does not affect future child support obligations, nor does it prohibit the enforcement of the judgment against other assets owned by the obligor.
PCSE staff does not prepare or sign off on the release document. When PCSE staff becomes aware that a release document has been or will be executed and recorded on an open child support case, the caseworker should request that the obligor provide PCSE with a copy of the recorded release document. The copy should be maintained in the case file and its receipt should be noted in NJKiDS.
For more information and guidance, please refer to the following document: