Paternity and Support Establishment Time Frame and Tracking the Compliant
In this Topic
Paternity and Support Establishment Time Frame
N.J.A.C., under 10:110-12.1(a) and 13.1(a), establishes time frames for completing paternity and support establishment. Within 90 calendar days of locating the putative father of a child, the child support agency must:
- complete Service of Process (service of Complaint and Summons on the putative father regarding the date he should appear in court), or
- establish an order for paternity, if required, and child support, including health coverage.
See Service of Process for more information.
Child support is the financial and medical support paid or provided by a parent to help a child or children of whom the parent does not have custody. Child support can be entered into voluntarily or ordered by a court or a properly empowered administrative agency, depending on each state’s laws.
In New Jersey, establishment of paternity (with the exception of COPs) and child support obligations is within the authority of the Superior Court of New Jersey, Chancery Division, Family Part, in each county. Rule 5:1-2 provides that “all civil actions in which the principal claim is unique to and arises out of a family or family-type relationship shall be brought in the Family Part.” New Jersey Court Rules also define the process and procedures by which a complaint for paternity and/or child support must be filed, served on a defendant, and proved at a hearing. This process is tracked in NJKiDS and in FACTS.
Note: The time frame for entering a support obligation in NJKiDS is within five business days after the Judge’s signature, which shall not be later than eight business days after entry of the order or hearing date.
Tracking the Complaint
The Family Division staff uses FACTS to generate the complaint. Through the interface with FACTS and NJKiDS, the case record is created on NJKiDS. Two key issues need to be emphasized:
- Family Division staff responsible for the complaint should check NJKiDS to make sure that the interface occurred and the data was populated.
- FACTS must be coded correctly or the interface will not occur. If FACTS is incorrect, the data must be corrected on FACTS.
Upon generating a complaint for support from NJKiDS and FACTS, a Service of Original Process record is created in NJKiDS and a start date for Service of Original Process is stored on the record.
For more information and guidance on service of process, please refer to Information Transmittal 08-59: Diligent Efforts Protocol, Admn. Directive #12-08.