SENATE, No. 1285

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 3, 1996

 

 

By Senators CAFIERO, EWING and Bryant

 

 

An Act concerning alimony obligations and supplementing 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, if there is more than one income withholding against the same obligor for alimony obligations, the withheld amount shall be allocated among all obligees and the county welfare agency, if applicable, by the county probation department of the county in which the obligor resides, on a prorated basis as follows:

    a. Current alimony obligations for all obligees and the county welfare agency, if applicable, shall be paid before withheld amounts are allocated to pay arrearages. Withheld amounts that remain after current alimony obligations are satisfied shall be allocated among all obligees to pay arrearages.

    b. If the withheld amount is less than the total amount due as current alimony obligations for each case, each obligee's share and the share of the county welfare agency, if applicable, of the withheld amount shall be determined by dividing the amount of each party's alimony order by the total amount of all orders to obtain each party's alimony allocation percentage. Each party's share of the collection shall be determined by multiplying the party's alimony allocation percentage by the amount collected.

    c. If the withheld amount is more than the total amount due for each party, each party shall receive its current alimony obligation and the remainder of the collection shall be allocated to all parties in equal amounts to satisfy arrearages, except in cases involving arrearages due a county welfare agency. In cases involving a county welfare agency, all arrearages due to an obligee who is not receiving public assistance shall be paid to that obligee prior to the county welfare agency receiving any payment toward the arrearages owed.

 

    2. If the obligor is subject to income withholdings for both child support and alimony obligations, the child support obligations due to the obligees shall be paid prior to the alimony obligations.

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill requires that if there is more than one withholding order against an obligor for alimony obligations, the withheld amounts shall be allocated by the county probation office of the county in which the obligor resides among all obligees and the county welfare agency, if applicable, on a prorated basis. The bill also requires that current alimony obligations shall be paid before withheld amounts are allocated to satisfy arrearages.

    The bill requires that if the withheld amount of an alimony obligation case involving a county welfare agency is more than the total amount due for each obligee, all arrearages due to an obligee not receiving public assistance shall be paid to that obligee prior to the county welfare agency receiving any payments toward the arrearage owed the welfare agency.

    Finally, the bill also requires that if the obligor is subject to withholding orders for both child support and alimony obligations, the child support obligations shall be paid prior to the alimony obligations.

 

 

 

Requires withholding of alimony payments to be prorated when more than one withholding order exists.