ASSEMBLY, No. 1145
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman COHEN
An Act concerning child support payments and amending P.L.1981, c.417.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1981, c.417 (C.2A:17-56.11) is amended to read as follows:
5. An income withholding made under this act shall be binding upon the payor and successor payors [14 days] immediately after service upon the payor by the probation department of a copy of the income withholding, by registered or certified mail with return receipt requested until further order. The payor is to pay the [withhold] withheld amount to the probation department or directly to the obligee if the probation department is not involved because a court has ordered direct payment at the same time the obligor is paid. The payor shall implement withholding no later than the first pay period that [occurs 14 days] ends immediately after the date the notice was postmarked. For each payment, other than payment received from the unemployment compensation fund, the payor may receive $1.00, which shall be deducted from the obligor's income in addition to the amount of the support order.
Notice to the payor shall include, but not be limited to, the amount to be withheld from the obligor's income and a statement that the amount actually withheld for support and other purposes may not be in excess of the maximum [amounts] amount permitted under section 303 (b) of the federal Consumer Credit Protection Act[,](15 U.S.C.§1673 (b)); that the payor shall send the amount to the probation department at the same time the obligor is paid, unless the probation department directs that payment be made to another individual or entity; that the payor may deduct a fee of $1.00 in addition to the amount of the support order except when the payment is received from the unemployment compensation fund; that withholding is binding on the payor until further notice by the probation department; that the payor is subject to a fine for discharging an obligor from employment, refusing to employ, or taking disciplinary action against an obligor because of the withholding; that if the payor fails to withhold wages in accordance with the provisions of the notice, the payor is liable for any amount up to the accumulated amount the payor should have withheld from the obligor's income; that the withholding shall have priority over any other legal process under State law against the same wages; that the payor may combine withheld amounts from the obligor's wages in a single payment to each appropriate agency requesting withholding and separately identify the portion of the single payment which is attributable to each individual obligor; that if there is more than one support order for withholding against a single obligor, the payor shall withhold the payments on a pro rata basis to fully comply with the support orders, to the extent that the total amount withheld does not exceed the limits imposed under section 303 (b) of the federal Consumer Credit Protection Act (15 U.S.C.§1673 (b)); that the payor shall implement withholding no later than the first [day] pay period that [occurs 14 days] ends immediately after the date the notice was postmarked; and that the payor shall notify the probation department promptly upon the termination of the obligor's employment benefits and provide the obligor's last known address and the name and address of the obligor's new payor, if known.
(cf: P.L.1990, c.92, s.3)
2. This act shall take effect on the 90th day after enactment.
STATEMENT
This bill amends an existing provision of law concerning child support payments to correct a technical insufficiency. Section 5 of P.L.1981, c.417 (C.2A:17-56.11) presently provides that a payor is to pay the withheld support order amount to the probation department at the same time the obligor is paid. However, this provision fails to account for those obligees who are paid directly and not through the probation department.
This bill provides for payment to those individuals not paid through probation but paid directly, at the same time that probation is paid.
The effective date of this bill is 90 days after the date of enactment to permit payors to make any internal payroll, bookkeeping, or accounting adjustments which may be required.
Ensures prompt payment to certain child support obligees not paid through probation.