Lottery Intercept Procedures

New Jersey Judiciary Probation Child Support Enforcement

Revised 2/9/2017

A. Authority  

New Jersey Statutes Annotated:	N.J.S.A. 5:9 - 13.1 to 13:16 Click here to find and view these New Jersey statutes
New Jersey Administrative Code::	N.J.A.C. 10:110(a)(6) N.J.A.C. 17:42

B. Overview

The DFDDivision of Family Development and the NJSLCNew Jersey State Lottery Commission cooperate in a process to intercept lottery and casino gambling winnings in excess of $600 from delinquent child support obligors. The lottery intercept program is similar to the tax offset intercept program and requires the assistance of PCSEProbation Child Support Enforcement staff to conduct administrative reviews of obligors’ contests

C. Selection Criteria

In order for a case to be selected, the following conditions must be met:

1. Lottery/Casino winnings are at least $600
2. An open IV-D case exists (spousal arrears are included only when child support arrears also exist)
3. For cases with charging obligations, arrears are greater than or equal to one month’s MSO plus $25.00 or for arrears only cases, arrears must be greater than or equal to $25.00

D. Notification

1. When the above criteria are met for cases that match on the obligor’s social security number and last name, DFD will receive a weekly report as well as daily emails. DFD will initiate the Lottery Intercept chain and generate the Notice of Lottery Intercept (Notice) (CS636) to the obligor. The Notice includes
   1. The amount of the past-due support owed
   2. Notification that a valid contest  must be based on mistake of fact or an incorrect arrears amount and must be made in writing to DFD within 15 business days of the date of the Notice
   3. Notification that if no contest is received, the amount on the notice is withheld and applied to the child support debt
   4. Notification that any excess lottery winnings will be returned to the obligor by NJSLC.
2. If the obligor does not file a contest, the money is forwarded from NJSLC to New NJFSPCNew Jersey Family Support Payment Center for processing. The activity chain closes when DFD staff provides posting instructions and confirms the lottery intercept monies are posted to 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. as “LO.”

E. Contesting the Lottery Offset

1. If the obligor files a contest, DFD will attempt to resolve the contest with the documents provided by the obligor within 20 calendar days. If additional information is needed, DFD may contact the obligor or PCSE via Action Note to File.
2. If DFD finds there is a valid mistake of fact, they will notify NJSLC to release the funds to the obligor.
3. If the obligor questions the accuracy of the arrears DFD may refer the matter to PCSE to conduct a case review or if necessary a case audit.

   1. Note: The obligor may make and application/motion to the court if he or she feels that child should be emancipated or support otherwise modified.

4. If the contest is denied by DFD, the Lottery Decision Letter (CS639) is sent to the obligor and DFD monitors the case awaiting the funds from the Lottery.  Once DFD sends the CS639, the obligor has 45 calendar days to file an appeal with the Appellate Division of the Superior Court.
5. The NOTE screen must be updated with relevant case activity by DFD and PCSE staff.

   1. Note: Inquiries from the obligor regarding the contest process of lottery intercept should be referred to DFD.

NJCSI Handout Materials

For more information and guidance, please refer to the following document:

• Lottery and Jackpot Intercept Programs