STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Imposes mandatory interest payment on delinquent child support judgments.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning child support judgments and post-judgment interest and amending P.L.1988, c.111.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1988, c.111 (C.2A:17-56.23a) is amended to read as follows:
1. Any payment or installment of an order for child support, or those portions of an order which are allocated for child support, whether ordered in this State or in another state, shall be fully enforceable and entitled as a judgment to full faith and credit and shall be a judgment by operation of law on and after the date it is due and shall be subject to post-judgment interest at the rates prescribed by the New Jersey Court Rules. For obligors who reside or own property in this State, such judgments, once docketed with the Clerk of the Superior Court, shall have the same force and effect, be enforced in the same manner and be subject to the same priorities as a civil money judgment entered by the court. The State shall accord full faith and credit to child support judgments or liens of other states, whether arising by operation of law or having been entered by a court or administrative agency, when a Title IV-D agency, a party, or other entity seeking to enforce such a judgment or lien in this State files a Notice of Interstate Lien, in the form prescribed by the federal Office of Child Support Enforcement, and supporting documents with the Clerk of the Superior Court. An action to domesticate a foreign child support judgment or lien shall be consistent with the "Uniform Enforcement of Foreign Judgments Act," P.L.1997, c.204 (C.2A:49A-25 et seq.). Liens against real and personal property shall be subject to the same enforcement procedures as other civil money judgments except that no judicial notice or hearing shall be required to enforce the lien. No payment or installment of an order for child support, or those portions of an order which are allocated for child support established prior to or subsequent to the effective date of P.L.1993, c.45 (C.2A:17-56.23a), shall be retroactively modified by the court except with respect to the period during which there is a pending application for modification, but only from the date the notice of motion was mailed either directly or through the appropriate agent. The written notice will state that a change of circumstances has occurred and a motion for modification of the order will be filed within 45 days. In the event a motion is not filed within the 45-day period, modification shall be permitted only from the date the motion is filed with the court.
The non-modification provision of this section is intended to be curative and shall apply to all orders entered before, on and after the effective date of P.L.1993, c.45 (C.2A:17-56.23a).
(cf: P.L.1998, c.1, s.25)
2. This act shall take effect immediately.
This bill imposes mandatory interest on delinquent child support payments. Under existing N.J.S.A.2A:17-56.23a, any payment or installment of an order for child support is fully enforceable and becomes a judgment by operation of law on and after the date it is due. Court Rule 5:7-5 provides that past due child support payments are subject to post-judgment interest. This bill would mandate the imposition of interest by statute. It is the sponsor’s view that mandatory interest will assist in the collection of delinquent child support payments.