ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 83

STATE OF NEW JERSEY

DATED: MAY 20, 1996

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 83.

      This bill amends N.J.S.A.2A:34-23 to specifically provide that alimony be included as income for the custodial parent in determining the amount of the child support award.

      Currently, the statute provides that, in determining the amount to be paid by a parent for support of the child, the court must consider a number of factors, including, among others: needs of the child; standard of living and economic circumstances of each parent; all sources of income and assets of each parent [emphasis added]; and earning ability of each parent. As the statute already provides that "all" sources of income for the custodial parent must be included in calculating the amount of child support to be paid by the non-custodial parent, adding the phrase "including alimony" would clarify the intent of the statute.

      This bill embodies Recommendation 21 of the report of the Commission to Study the Law of Divorce, issued April 18, 1995.

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