Registration

Introduction

Registration is the process through which a support order issued by a tribunal is filed in another tribunal (either a court or an administrative agency). Registration allows the state in which the order is registered to take action as if the order had been issued by that state. An order may be registered in any state where the obligor resides, derives income, or owns propertypropertyN.J.S.A. 2A:4-30.104. If a proceeding is filed in New Jersey and forwarded to another state for action, New Jersey is the initiating agency. If a proceeding is filed in another state and forwarded to New Jersey for action, New Jersey is the responding agency.

There are several options for registering an order in another state. The options are registrations for enforcement only, modification only, or enforcement and modification. Each can be filed by the obligee, the obligor, or the Title IV-D agency.

If an order is registered for...	Then that state...
enforcement only in another state,	only has the authority to enforce the order. The state does not have the authority to modify the orderorderN.J.S.A. 2A:4-30.106(c).
modification only in another state,	applies its guidelines in determining an appropriate support amount. The state does not enforce any aspect of the order whether modified or not. The state gains CEJContinuing Exclusive Jurisdiction but the non-modifiable aspects remain unchanged. Note: For more information regarding modification of support orders under UIFSAUniform Interstate Family Support Act, see Modification and Transfer.
enforcement and modification in another state,	applies its guidelines in determining an appropriate support amount and enforces the order whether modified or not. In this situation, the registering state gains CEJ and the controlling order only if a modification is made. The non-modifiable aspects remain unchanged.

Registration of Out-of-State Support Orders for Enforcement (New Jersey Is the Responding Agency)

If it has been determined that a state filing an order with New Jersey has CEJ, the order becomes enforceable as if it were issued by New Jersey. In addition, New Jersey cannot reject the registration of a support order issued by another state. The order may not be modified when it is registered for enforcement only. Incoming registrations must be filed with the Family Division for docketing and processing in accordance with UIFSA. A request for services might be sent to the Family Division instead of the Central Registry when it is a non-IV-D matter and a motion was filed by a party to the action or by an attorney.

In accordance with N.J.S.A. 2A:4-30.173(a), the Notice of registration shall advise the non-registering party of their right to contest the validity or enforcement of a registered order in writing within 20 days of the date of mailing or personal service. If the registration is contested within the statutory 20 day timeframe, the contesting party has the burden of proving one or more of the following defenses stipulated at N.J.S.A. 2A:4-30.174(a):

• The issuing tribunal lacked personal jurisdiction over the contesting party
• The order was obtained by fraud
• The order has been vacated, suspended, or modified by a later order
• The issuing tribunal has stayed the order pending appeal
• There is a defense under the law of this state to the remedy sought
• Full or partial payment has been made
• The Statute of Limitations under N.J.S.A. 2A:4-30.171(b) of this act precludes enforcement of some or all of the arrears.

Non-registering Party Presents Evidence that Establishes a Full or Partial Defense

If the non-registering party presents evidence that establishes a full or partial defense, the tribunal may do the following:

• Stay enforcement
• Continue the proceeding to allow submission of other relevant evidence
• Issue other appropriate orders as provided at N.J.S.A. 2a:4-30.174(b)

Non-registering Party Requests a Hearing

When the non-registering party requests a hearing as provided at N.J.S.A. 2A:4-30.173(c), the registering tribunal shall schedule the matter and provide notice to the parties of the date, time, and place of the hearing. Rule 5:6-4 requires the matter to be scheduled in the same manner as other Superior Court of New Jersey, Chancery Division, Family Part cases and shall be heard expeditiously. In these cases, NJACNew Jersey Administrative Code 10:110-2.4(b) requires that legal representation be provided by the CWA in IV-D cases to the petitioner or the initiating Title IV-D agency.

In those instances where the contesting party does not establish a defense under N.J.S.A. 2A:4-30.174(a), the registering tribunal shall issue a confirmation of the registered order whether by operation of law or after notice and hearing in accordance with N.J.S.A. 2A:4-30.175, which also precludes further contest of any provision that could have been asserted at the time of registration.

Registration of Out-of-State Support Orders for Enforcement (New Jersey Is the Initiating Agency)

The PCSEProbation Child Support Enforcement Unit is responsible for registering New Jersey orders in other states for enforcement when New Jersey is the initiating agency. The obligee’s consent is not required to register a New Jersey support order with another state. The PCSE Unit prepares the documents required for registration and forwards them to the appropriate state’s Central Registry. In addition, as a Title IV-D agency, the Family Division must also assist individuals who wish to register an order.

Depending on the type of support case, all three child support agencies in New Jersey (CWACounty Welfare Agency, PCSE or the Family Division) must also assist individuals who wish to register a New Jersey order in another state.  

Related Information

• Modification and Transfer
• N.J.S.A. 2A:4-30.168
• N.J.S.A. 2A:4-30.170(c)

 

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