A1628

ASSEMBLY, No. 1628

STATE OF NEW JERSEY

INTRODUCED MARCH 4, 1996

By Assemblymen O’TOOLE and KELLY

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. Notwithstanding any provision of law to the contrary, the State IV-D agency may suspend or revoke and the obligor may be prohibited from obtaining, in order of priority stated:

a. a professional or occupational license pursuant to section 2 of this act;

b. a license to practice law pursuant to section 3 of this act;

c. a commercial driver's license pursuant to section 4 of this act; or

d. in the case of those individuals who do not hold a professional or occupational license, a license to practice law, or a commercial driver's license, a New Jersey driver's license pursuant to section 5 of this act.

2. a. As used in this section, "professional or occupational license" means any certificate, registration or license issued by a professional or occupational board designated in section 2 of P.L.1978, c.2 (C.45:1-15).

b. Notwithstanding any provision of law to the contrary, an obligor's professional or occupational license may be suspended or revoked and an obligor may be prohibited from obtaining a professional or occupational license, if the obligor has failed to make a required, current obligation child support payment for six months, after due notice in writing of the proposed action and the grounds thereof, in the manner provided for in section 8 of P.L.1978, c.73 (C.45:1-21).

c. The State IV-D agency shall notify the obligor whose license is subject to denial, suspension or revocation by regular mail to the last known address. The notice shall be postmarked no later than 10 days after the date on which the decision was made to deny, suspend or revoke the professional or occupational license, and shall inform the obligor that the decision shall take effect 30 days after the postmark date of the notice unless the obligor contests the denial, suspension or revocation. The notice to the obligor shall include, but not be limited to: the date on which the last child support payment was made; the amount of the arrearage; the methods available for contesting the denial, suspension or revocation; the period within which the obligor shall contact the State IV-D agency to arrange for satisfaction of the judgment; the period within which the State IV-D agency shall be contacted in order to contest the denial, suspension or revocation and that failure to do so will result in denial, suspension or revocation; the actions the State IV-D agency will take if the obligor contests the denial, suspension or revocation; and the actions the State IV-D agency will take if the obligor defaults on an established payment schedule.

d. If the obligor contests the proposed denial, suspension or revocation, the State IV-D agency shall schedule an administrative hearing within 30 days after receiving notice of contest of denial, suspension or revocation of the license. The agency shall consider evidence that nonpayment of support is due to a justifiable reason, including, but not limited to, the obligor's illness or inability to find employment.

If it is determined that the denial, suspension or revocation is to occur, the State IV-D agency shall provide notice to the obligor. Notice to the obligor shall include the time within which the denial, suspension or revocation shall occur. The obligor shall be notified by the State IV-D agency within 10 days of the determination made at the hearing.

e. A license that has been denied, suspended or revoked due to the failure to make child support payments shall be issued or restored once the obligor becomes current on his child support payments or has made the first payment of an established payment schedule. If the obligor defaults on the payment schedule, then both the professional or occupational license and the obligor's driver's license shall automatically be denied, suspended or revoked, pursuant to the initial notice of intention to deny, suspend or revoke issued by the State IV-D agency.

f. The State IV-D agency shall develop a procedure to provide for the notification of the appropriate professional or occupational board when an obligor has failed to make child support payments. The State IV-D agency shall also notify the board when the obligor has become current on his child support payments or has made the first payment of an established payment schedule, through the use of an electronic transfer of information, if available.

3. a. Notwithstanding any provision of law to the contrary, an obligor's license to practice law may be suspended or revoked and an obligor may be prohibited from obtaining a license to practice law, if the obligor has failed to make a required, current obligation child support payment for six months, after due notice in writing of the proposed action and the grounds thereof, in a manner provided for by the New Jersey Supreme Court.

b. The State IV-D agency shall notify the obligor whose license is subject to denial, suspension or revocation by regular mail to the last known address. The notice shall be postmarked no later than 10 days after the date on which the decision was made to deny, suspend or revoke the license to practice law, and shall inform the obligor that the decision shall take effect 30 days after the postmark date of the notice unless the obligor contests the denial, suspension or revocation. The notice to the obligor shall include, but not be limited to: the date on which the last child support payment was made; the amount of the arrearage; the methods available for contesting the denial, suspension or revocation; the period within which the obligor shall contact the State IV-D agency to arrange for satisfaction of the judgment; the period within which the State IV-D agency shall be contacted in order to contest the denial, suspension or revocation and that failure to do so will result in denial, suspension or revocation; the actions the State IV-D agency will take if the obligor contests the denial, suspension or revocation; and the actions the State IV-D agency will take if the obligor defaults on an established payment schedule.

c. If the obligor contests the proposed denial, suspension or revocation, the State IV-D agency shall schedule an administrative hearing within 30 days after receiving notice of contest of denial, suspension or revocation of the license. The agency shall consider evidence that nonpayment of support is due to a justifiable reason, including, but not limited to, the obligor's illness or inability to find employment.

d. A license that has been denied, suspended or revoked due to the failure to make child support payments shall be issued or restored once the obligor becomes current on his child support payments or has made the first payment of an established payment schedule. If the obligor defaults on the payment schedule, then both the license to practice law and the obligor's driver's license shall automatically be denied, suspended or revoked, pursuant to the initial notice of intention to deny, suspend or revoke issued by the State IV-D agency.

e. The State IV-D agency shall develop a procedure to provide for the notification of the New Jersey Supreme Court when an obligor has failed to make child support payments. The State IV-D agency shall also notify the court when the obligor has become current on his child support payments or has made the first payment of an established payment schedule through the use of an electronic transfer of information, if available.

4. a. Notwithstanding any provision of law to the contrary, an obligor's commercial driver's license may be suspended or revoked and the obligor may be prohibited from obtaining a commercial driver's license if the obligor has failed to make a required, current obligation child support payment for six months, after due notice in writing of the proposed action and the grounds thereof, pursuant to the provisions of R.S.39:5-30.

b. The State IV-D agency shall notify the obligor whose license is subject to denial, suspension or revocation by regular mail to the last known address. The notice shall be postmarked no later than 10 days after the date on which the decision was made to deny, suspend or revoke the license, and shall inform the obligor that the decision shall take effect 30 days after the postmark date of the notice unless the obligor contests the denial, suspension or revocation. The notice to the obligor shall include, but not be limited to: the date on which the last child support payment was made; the amount of the arrearage; the methods available for contesting the denial, suspension or revocation; the period within which the obligor shall contact the State IV-D agency to arrange for satisfaction of the judgment; the period within which the State IV-D agency shall be contacted in order to contest the denial, suspension or revocation and that failure to do so will result in denial, suspension or revocation; the actions the State IV-D agency will take if the obligor contests the denial, suspension or revocation; and the actions the State IV-D agency will take if the obligor defaults on an established payment schedule.

d. A license that has been denied, suspended or revoked due to the failure to make child support payments shall be issued or restored once the obligor becomes current on his child support payments or has made the first payment of an established payment schedule. If the obligor defaults on the payment schedule, then the commercial driver's license shall automatically be denied, suspended or revoked and the obligor shall be prohibited from obtaining a New Jersey driver's license pursuant to the initial notice of intention to deny, suspend or revoke issued by the State IV-D agency.

e. The State IV-D agency shall develop a procedure to provide for the notification of the Division of Motor Vehicles in the Department of Law and Public Safety when an obligor has failed to make child support payments. The State IV-D agency shall also notify the division when the obligor has become current on his child support payments or has made the first payment of an established payment schedule through the use of an electronic transfer of information, if available.

5. a. Nothstanding any provision of law to the contrary, an obligor's driver's license may be suspended or revoked and the obligor may be prohibited from obtaining a driver's license if the obligor has failed to make a required, current obligation child support payment for six months, after due notice in writing of the proposed action and the grounds thereof, pursuant to the provisions of R.S.39:5-30.

b. The State IV-D agency shall notify the obligor whose license is subject to denial, suspension or revocation by regular mail to the last known address. The notice shall be postmarked no later than 10 days after the date on which the decision was made to deny, suspend or revoke the driver's license, and shall inform the obligor that the decision shall take effect 30 days after the postmark date of the notice unless the obligor contests the denial, suspension or revocation. The notice to the obligor shall include, but not be limited to: the date on which the last child support payment was made; the amount of the arrearage; the methods available for contesting the denial, suspension or revocation; the period within which the obligor shall contact the State IV-D agency to arrange for satisfaction of the judgment; the period within which the State IV-D agency shall be contacted in order to contest the denial, suspension or revocation and that failure to do so will result in denial, suspension or revocation; the actions the State IV-D agency will take if the obligor contests the denial, suspension or revocation; and the actions the State IV-D agency will take if the obligor defaults on an established payment schedule.

d. A license that has been denied, suspended or revoked due to the failure to make child support payments shall be issued or restored once the obligor becomes current on his child support payments or has made the first payment of an established payment schedule. If the obligor defaults on the payment schedule, then the obligor's driver's license shall automatically be denied, suspended or revoked, pursuant to the initial notice of intention to deny, suspend or revoke issued by the State IV-D agency.

e. The State IV-D agency shall establish a procedure to provide for the notification of the Division of Motor Vehicles in the Department of Law and Public Safety when an obligor has failed to make child support payments. The State IV-D agency shall also notify the division when the obligor has become current on his child support payments or has made the first payment of an established payment schedule through the use of an electronic transfer of information, if available.

6. The State IV-D agency shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to carry out the provisions of this act.

7. This act shall take effect six months after enactment.

STATEMENT

This bill allows for the denial, suspension or revocation of the professional or occupational license of an individual who has failed to make child support payments for six months. If an individual does not hold a professional or occupational license, his driver's license would be subject to denial, suspension or revocation. The bill provides that a license would be denied, suspended or revoked after the individual has received notice from the State IV-D agency and, in the case of an individual who contests the proposed actions, after an administrative hearing.

The individual's license would be issued or restored once he becomes current on the payments or has made the first payment of an established payment schedule. If the obligor defaults on the payment schedule, then his professional or occupational license and driver's license shall be suspended, revoked or denied pending an expedited administrative hearing.

The bill also requires the State IV-D agency to develop procedures concerning the notification of the Division of Motor Vehicles, the New Jersey Supreme Court (in the case of attorneys) or the appropriate professional or occupational licensing board when the obligor fails to make child support payments, when the obligor becomes current on his delinquent child support payments or has made the first payment of an established payment schedule, through the use of an electronic transfer, if available.

Allows for the denial, suspension or revocation of driver's or professional license for nonpayment of child support.