ASSEMBLY COMMUNITY SERVICES COMMITTEE

STATEMENT TO

ASSEMBLY, No. 189

STATE OF NEW JERSEY

DATED: MARCH 3, 1997

      The Assembly Community Services Committee favorably reports Assembly Bill No. 189.

      This bill requires that in child support cases where there is more than one withholding order against the obligor, the withheld amounts shall be allocated by the Probation Division of the Superior Court among all parties and the county welfare agency, if applicable, on a prorated basis. The bill also requires that current support obligations shall be paid before withheld amounts are allocated to satisfy arrearages.

      The provisions of this bill mirror provisions in effect through regulations of the Probation Division. It is the sponsor's intent to codify those regulations.

      The bill allows the allocation of income withholdings to county welfare agencies, if applicable, as well as all obligees in cases where there is more than one withholding order against the obligor. The bill also clarifies that if the withheld amount is less than the amount due as current support, the withholding amount would be determined by dividing the amount of each obligee's support order by the total amount of all orders to obtain each obligee's support allocation percentage.

      Finally, the bill requires that if the withheld amount of a child support case involving a county welfare agency is more than the total amount due for each obligee, all arrearages due to an obligee not receiving public assistance shall be paid to the obligee prior to the county welfare agency receiving any payments towards the arrearages owed to the welfare agency.

      This bill was prefiled for introduction in the 1996-1997 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.