Probation-Prepared Child Support Orders Procedures

New Jersey Judiciary Probation Child Support Enforcement

Revised 7-2015

A. Overview

A PPCSOProbation Prepared Child Support Order is a USSOUniform Summary Support Order prepared by PCSEProbation Child Support Enforcement staff that is submitted with a PPCSO Checklist and supporting documents to the court for signature (Attachment 1619A). The order is reviewed by a judge and if found acceptable it is signed without an appearance of the parties. The PCSE worker is responsible for verifying NJKiDS generated a copy of the order to both parties. The circumstances under which a PPCSO can be used are listed in Section B below. The circumstances under which a PPCSO cannot be used are listed in Section C below.

NOTE: A PPCSO cannot be used to modify an order that has been entered under the Prevention of Domestic Violence Act or where there is a documented Domestic Violence history when the basis for the PPCSO is the consent of the parties. Such modifications must be initiated by one of the parties through the filing of an application and require a hearing before the court. A PPCSO may be used, however, in situations where a DV case requires PCSE action and consent of the parties is not needed.  

Any time two parties mutually consent for the purpose of a PPCSO, PCSE staff should be alert to any indication of possible coercion or intimidation by one party over the other.

If intimidation or coercion is suspected, this should be made known to the supervisor or manager and the parties advised to file an application with the Family Division.

A supervisor must review all PPCSOs and supporting documentation prior to forwarding for a judge’s signature.

NOTE: Please see the document entitled Standardized Language for PPCSOs which is available on the InfoNet. Utilizing the standard language ensures clear, concise and comprehensive orders.  

B. When to Use a Probation-Prepared Child Support Order

1. Emancipation

• A PPCSO may be used to emancipate the last or only child on the order when the parties consent or when the CPCustodial parent or party consents and the NCPNon-custodial parent fails to respond to the Child Emancipation—Request for Information (CS590) letter. The PPCSO, along with any documentation is used to terminate the child support obligation as of a specific date and to address the arrears that may remain as of the emancipation date. At no time should the arrears amount owed to the CWACounty Welfare Agency be changed (See Section 2200, Emancipation Procedures for more detail).
• When it is not the county of venue, an Emancipation Package must be prepared and forwarded to PCSE Unit in the county of venue. See the Emancipation Section for the details of this procedure.
• When preparing a PPCSO, language must be included to address post-judgment interest.

2. Conversion to Direct Pay

• The parties should be advised, either orally or in writing, that they should consider consulting with an attorney before agreeing to a direct payment status. PCSE staff should neither encourage nor discourage parties to convert to direct payment status. However, PCSE staff may provide information about this process including an explanation that the court order remains in effect, but they are terminating IV-D services.
• If the parties mutually consent to terminate IV-D services and have the child support paid directly to the CP by the NCP, PCSE’s monitoring and enforcement of the case can be ended by a PPCSO. The obligation and arrears are made payable directly to the CP.

NOTE: Arrears owed to the CWA and other public entities may not be discharged. An order for repayment must be obtained and the NCP must be made aware of the continuing obligation administered by PCSE.

• When preparing the PPCSO to convert the case to direct pay, language should be included to address any outstanding child support judgments that may be recorded in the ACMSAutomated Case Management System. If the judgment is to remain open, the CP should be listed as the contact and the PCSE Division should be removed.
• The requirement of the order to provide medical coverage cannot be modified in a conversion to a direct pay.
• When it is not the county of venue, the order and supporting document must be prepared and forwarded to PCSE Unit in the county of venue.

3. Credit for Direct Payments

1. When the parties mutually consent, PCSE staff may use a PPCSO to give credit for direct child support payments that were made during the period between the effective date of the order and 10 working days from the mailing of the opening letters (CS001 and CS002). One of the following must occur (not necessarily within the period specified) before PCSE can use the PPCSO to give credit:
   1. If both parties represent to the post court team that direct pay credit should be given and both parties sign a consent order to that effect.
   2. The CP may visit PCSE, sign a statement confirming the amount of the direct payments and have that statement witnessed by PCSE staff. This statement must also note that the CP consents to vacating any child support judgment entered as a result of the direct payments.
   3. The CP’s attorney may send a letter confirming the direct payments and that the CP consents to vacating any child support judgment entered as a result of the direct payments.
   4. The CP may submit a certified statement confirming the direct payments and he/she consents to vacating any child support judgment entered as a result of the direct payments.
2. If the initial payments are made after the period of time defined above, one of the parties should file a motion or application, as appropriate to have the direct payments credited. If a party fails to do so, a Status Review Hearing may be scheduled.

4. Parties Reconciled

• A PPCSO may be used when the NCP and CP have reconciled and want to terminate the current child support order. The new order should state how any existing arrears and any existing child support judgment are affected by the reconciliation. Arrears owed to the CWA and DCP&PDepartment of Child Protection and Permanency cannot be vacated. The case would no longer be a IV-D case.

NOTE: The parties do not need to be married or cohabitating in order for a PPCSO to be prepared to memorialize an alternative agreement for the court’s ratification.

• The parties should be advised, either orally or in writing, that they should consider consulting with an attorney before agreeing to terminate the child support order. PCSE staff should neither encourage nor discourage parties to terminate a child support order. However, PCSE staff may provide information about the implications of terminating the order.

NOTE: The parties should be advised of their option to convert their order to direct pay (see B2 above) as an alternative to terminating the order.

• If the enforcing county is not the county of venue, the PPCSO should be sent to the PCSE Unit in the county of venue for processing. The following documents should be included:
  • Proposed PPCSO signed by both parties
  • Relevant supporting documents

5. Vacating a Child Support Judgment Entered in Error

• A child support judgment that was erroneously entered as the direct result of staff action can be removed using a PPCSO, including domestic violence cases. The PPCSO should specifically say that the judgment was erroneously entered and that it therefore should be vacated. The parties’ consent is not needed for PCSE staff to prepare a PPCSO for this reason.

NOTE: Vacating the child support judgment has the effect of removing it as if it never existed.  Satisfying a judgment refers to paying the judgment amount to the satisfaction of the creditor. The PPCSO should not be used in place of a Warrant of Satisfaction. Refer to the Judgment Procedures, Section 1607. The PPCSO should be sent to the Clerk of the Superior Court, who makes the change on the Automated Case Management System (ACMS).

6. Recalling or Amending a Bench Warrant

• A PPCSO may be used, including in domestic violence cases, when PCSE needs to recall or amend a bench warrant. The order must fully state the reason for the recall or amendment and that it is at the request of PCSE. The parties’ consent is not needed for PCSE staff to take this action.

7. Changing Frequency of Payments

• Where there is mutual consent between the parties, the payment frequency can be changed by a PPCSO. Conversion of the payment frequency should be done using the calculation formulas found in the New Jersey Child Support Guidelines (4.3 weeks per month) and should be rounded to the nearest dollar.

8. Correcting Errors

• Pursuant to R. 1:13-1, PCSE can use a PPCSO to correct court staff clerical or calculation errors in an order, including domestic violence matters. The parties consent is not needed for PCSE staff to take this action. PCSE staff must send copies of the signed PPCSO to the parties to notify them of the corrections.

NOTE: Questions concerning the intent or the interpretation of an order should be dealt with via a Status Review hearing (See Attachment 1620B, Status Review Hearing Procedures).

9. UIFSA Cases

• When another state uses UIFSA to register one of its cases for enforcement, New Jersey must then enforce that state’s order. Once the Family Division receives a registration for enforcement from another State the order is enforceable by PCSE.
• When the initiating state requests closure, PCSE may use a PPCSO to close the case and terminate New Jersey’s enforcement of the order. The parties consent is not needed for PCSE staff to take this action. PCSE staff must send copies of the signed PPCSO to the requesting State and other party notifying them of the change.

NOTE: When preparing a PPCSO to terminate child support, attention must be paid to any outstanding New Jersey child support judgments that may need to be addressed.

• A PPCSO can be used to memorialize the current arrears payback amount on a court order, which may be necessary when submitting a registration for enforcement to another state. The arrears obligation must reflect the arrears payback amount determined by using the CS021 or CS121 administrative notices. The parties consent is not needed for PCSE staff to take this action.

10. Death of the NCP

When PCSE staff confirms the NCP is deceased, a PPCSO may be used to terminate the child/spousal support obligation. The following steps must be followed before any further action by PCSE staff:

1. PCSE must first send the Non-Custodial Parent Deceased Letter P700 (Attachment 1619B) to the CP, estate of the NCP if known, NCP’s last known address, and any county welfare agency owed arrears. The letter is sent by regular mail to the CP, NCP and CWA’s address on NJKiDS. This notice allows the CP, the NCP’s estate or CWA to contest the proposed PCSE action.
2. The letter advises the parties of the NCP’s death and PCSE’s intent to terminate the ongoing child support obligation.  The parties are given 20 days from the letter date to contest the proposed action.
3. Should any party contest the proposed termination of support, the case may be scheduled for a Status Review hearing (See Section 1620, Status Review Hearing Procedures for more information).
4. If PCSE does not receive any written objection to the proposed termination of support within the 20 day time period, a PPCSO to terminate the child/spousal support is prepared. The child and/or spousal support obligation should be terminated effective the date of the NCP’s death and reduce arrears, if any, to a child support judgment. The parties consent is not needed for PCSE staff to take this action.
5. The case will remain open on NJKiDS for 12 months for estate purposes; thereafter staff will receive an Alert to close the case.
6. The termination of the current support does not impact Probation’s continued obligation to collect arrears that accrued prior to the date of death.

11. Parties Consent to a One Time Waiver of COLA

A PPCSO can be used when the parties waive the COLAcost-of-living adjustment and have the current support obligation continue. This waiver of a specific COLA can occur only with the consent of both parties.

1. PCSE staff must prepare a PPCSO to record the one time waiver and record the actions on the Note screen.
2. The COLA dates must be reset on SORD to begin tracking the next COLA date
3. PCSE staff must send a copy of the signed PPCSO to all of the parties once it has been signed by a judge.

C. When Not to Use a PPCSO

1. Domestic Violence Cases

1. A PPCSO cannot be used to modify an order that has been entered under the Prevention of Domestic Violence Act or where there is a documented Domestic Violence history when the basis for the PPCSO is the consent of the parties. Such modifications must be initiated by one of the parties through the filing of an application and require a hearing before the court.
2. A PPCSO may be used, however, in situations where a DV case requires PCSE action and consent of the parties is not needed.

2. Paternity Establishment

PCSE staff should not use a PPCSO to establish paternity or disestablish paternity. Such reliefs must be initiated by a party or an agency with an interest in the matter. PCSE staff should never initiate paternity actions.

3. Establishment and Modification

1. PCSE staff should not use a PPCSO to establish or modify a child support obligation, even if the parties are in agreement. Any establishment or modification requires application of the New Jersey Child Support Guidelines in calculating the obligation.
2. A complaint or a motion or application, as appropriate, must be filed by a party or agency with an interest in the matter in order to bring a case before a child support hearing officer or judge to establish or modify the child support order.

4. Ambiguity/Reconsideration

Although PCSE staff may correct clerical or calculation errors in an order using a PPCSO, PCSE staff should not, on its own initiative, use a PPCSO to clarify a judicial order that appears ambiguous, or where reconsideration of a judicial order appears necessary.  PCSE staff must raise all questions of possible ambiguity or reconsideration with the court. It is the court’s responsibility to decide when the question requires notice to the parties and a hearing, and when it does not.

 

New Jersey Judiciary Probation Child Support Enforcement, revised 7-2015