SENATE WOMEN'S ISSUES, CHILDREN AND FAMILY SERVICES COMMITTEE

STATEMENT TO

SENATE, No. 1285

with committee amendments

STATE OF NEW JERSEY

DATED: OCTOBER 3, 1996

      The Senate Women's Issues, Children and Family Services Committee favorably reports Senate Bill No. 1285 with committee amendments.

      As amended, 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 Probation Division of the Superior Court 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.

      The committee adopted a technical amendment to the bill to delete the term "county probation department" and replace it with "Probation Division of the Superior Court." to reflect the recent reorganization of the State's court system.