ASSEMBLY, No. 1211

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman AUGUSTINE

An Act concerning child support enforcement and supplementing chapter 17 of Title 2A of the New Jersey Statutes.

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

    1. As used in this section, "professional or occupational license" means any certificate, registration or license issued by a State department, board, commission or authority or by the New Jersey Supreme Court to practice a profession or occupation.

    a. Every order of a court for child support payments shall include a written notice to the obligor that a professional or occupational license applied for or held by the obligor may be denied or suspended if the obligor has accumulated arrearages in an amount equal to the amount of support payable for 14 days.

    b. The court or probation department having jurisdiction over the obligor who applies for or holds a professional or occupational license shall notify the appropriate professional board when the obligor has accumulated child support payment arrearages in an amount equal to the amount of support payable for 14 days.

    c. The professional or occupational board which receives notice of an obligor's child support payment arrearages pursuant to subsection b. of this section, shall notify the obligor that his application for a professional or occupational license may be denied or his existing professional or occupational license may be suspended for nonpayment of child support. The denial or suspension shall be carried out in full compliance with all procedural due process requirements.

    d. An application for a professional or occupational license which has been denied for failure to make child support payments shall be processed upon proof from the court or probation department having jurisdiction that the obligor is not in arrears for child support. A professional or occupational license which has been suspended for failure to make child support payments shall be reinstated upon proof from the court or probation department having jurisdiction that the obligor is not in arrears for child support.

    2. a. Every order of a court for child support payments shall include a written notice to the obligor that a driver's license applied for or held by the obligor may be denied or suspended if the obligor has accumulated arrearages in an amount equal to the amount of support payable for 14 days.

    b. The court or probation department having jurisdiction over the obligor who applies for or holds a driver's license shall notify the Division of Motor Vehicles in the Department of Law and Public Safety when the obligor has accumulated child support payment arrearages in an amount equal to the amount of support payable for 14 days.

    c. The Division of Motor Vehicles which receives notice of an obligor's child support payment arrearages pursuant to subsection b. of this section, shall notify the obligor that his driver's license application may be denied or his existing driver's license suspended for nonpayment of child support. The denial or suspension shall be carried out in full compliance with procedural due process requirements and in accordance with the provisions of R.S.39:5-30.

    d. An application for a driver's license which has been denied for failure to make child support payments shall be processed upon proof from the court or probation department having jurisdiction that the obligor is not in arrears for child support. A driver's license which has been suspended for failure to make child support payments shall be reinstated upon proof from the court or probation department having jurisdiction that the obligor is not in arrears for child support.

    3. This act shall take effect on the 60th day following enactment.

STATEMENT

    This bill provides for the denial of an application for, or the suspension of, a driver's license or professional license when a child support obligor accumulates arrearages in payment equal to the amount of support payable for 14 days. The bill provides that every court order for child support shall contain written notice to the obligor regarding denial of applications or suspension of these licenses. The bill also provides that the court or probation office having jurisdiction over the obligor shall notify the appropriate professional board or the Division of Motor Vehicles, as appropriate, when the obligor has accumulated arrearages. The bill provides that the professional board or the Division of Motor Vehicles, as appropriate, shall notify the obligor that his professional license or driver's license may be denied or suspended and requires that all procedural due process requirements are met. The bill provides for a previously denied application to be processed or the license reinstated upon proof from the court or probation office having jurisdiction that the obligor is not in arrears for child support.

Provides for denial of application for, or suspension of, driver's license or professional license for nonpayment of child support.