ASSEMBLY, No. 84

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblymen KAVANAUGH and BATEMAN

 

 

An Act concerning accountability for child support payments and supplementing chapter 34 of Title 2A of the New Jersey Statutes.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. a. Subject to the provisions of subsection b. of this act, a parent paying child support pursuant to the provisions of N.J.S.2A:34-23 may at any time file a motion to require an accounting by the parent receiving the child support on behalf of the child. The accounting would concern all funds expended on the child's behalf, and would be used by the court in determining whether the funds are being misused or not fulfilling the child's needs. If such motion is granted by the court, the accounting shall include, but not be limited to, the disposition of all funds received from the child support payor and all funds expended by the recipient on behalf of the child.

    b. Any motion filed by a child support payor pursuant to this act shall be accompanied by the payor's sworn affidavit that the payor has reasonable grounds to question whether the child support funds are being spent appropriately, and setting forth those grounds in detail.

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would allow any parent paying child support to file a motion with the court to require an accounting by the parent receiving the child support on behalf of the child. The accounting would concern all funds expended on the child's behalf and would be used by the court in determining whether the funds are being misused or not fulfilling the child's needs.

    If the motion is granted by the court, the accounting by the child support recipient would include, but not be limited to, the disposition of all funds received from the payor parent and all funds expended by the recipient on behalf of the child.

    The child support-paying parent would be required to include with the motion a sworn affidavit that the parent has reasonable grounds to question whether the child support funds are being spent appropriately, and setting forth those grounds in detail.

 

 

 

Allows child support payor to petition the court for an accounting of the recipient's disposition of child support funds under certain circumstances.