ASSEMBLY, No. 2482

STATE OF NEW JERSEY

INTRODUCED NOVEMBER 7, 1996

By Assemblyman MALONE, Assemblywoman HECK, Assemblymen Cottrell, Barnes, Assemblywoman Allen, Assemblymen DeSopo, Kavanaugh, Garcia and Assemblywoman Buono

An Act concerning income withholding and amending P.L.1981, c.417.

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

    1. Section 3 of P.L.1981, c.417 (C.2A:17-56.9) is amended to read as follows:

    3. a. The income withholding shall be initiated by the [probation department of the county in which the obligor resides] Probation Division of the Superior Court in the county in which the case is being managed immediately after the court order has been issued; except that immediate withholding shall not apply in those cases in which the obligor and obligee agree in writing to an alternative arrangement or the obligor or obligee demonstrates and the court finds good cause for establishing an alternative arrangement. If an immediate withholding is not ordered, due to the above exception or an order entered prior to the effective date of this act, the income withholding shall be initiated when the obligor has failed to make a required child support payment allocated or unallocated that has arrearages accrued equal to the amount of the support payable for 14 days. Subject to the provisions of this act, the income withholding shall take effect without amendment to the support order or further court or quasi-judicial action and without regard to any alternative arrangements entered into by the parties.

    The total amount of income to be withheld shall not exceed the maximum amount permitted under section 303 (b) of the federal Consumer Credit Protection Act (15 U.S.C. s.1673 (b)). The income withholding shall be carried out in full compliance with all procedural due process requirements. The Administrative Office of the Courts shall establish procedures for promptly terminating the withholding when necessary and for promptly refunding amounts which have been improperly withheld.

    b. If an income withholding is not initiated immediately by the Probation Division of the Superior Court pursuant to the provisions of this section, the Administrative Office of the Courts shall be held liable for the amount of child support which was to be withheld from the obligor's income. The Administrative Office of the Courts shall establish procedures for: identifying income withholdings which have not been initiated; promptly collecting from the Probation Division the amount of the obligor's income which was to be withheld; and disbursing the amount to the obligee subject to the support order.

(cf. P.L.1981,c.417, s.3)

    2. This act shall take effect immediately.

STATEMENT

    This bill amends the income withholding statute, P.L.1981, c.417 (C.2A:17-56.7 et seq.), to require the Probation Division in the county in which a child support case is being managed to initiate an income withholding. The bill would also require the Administrative Office of the Courts to be held liable for the amount of child support which was to be withheld from an obligor's income, if an income withholding for the obligor is not initiated immediately pursuant to the provisions of P.L.1981, c.417

    The bill would also require the Administrative Office of the Courts to establish procedures governing the identification of income withholdings which have not been initiated, the prompt collection, from the Probation Division of the amount of an obligor's income which was to be withheld, and the disbursement of the amount to the parent subject to the support order.

Holds Probation Division of AOC liable for amount of child support to be withheld from obligor's income if an income withholding is not initiated immediately.