Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Establishes greater discretion in court concerning child support related license suspension and credit reporting.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning child support enforcement and amending various parts of statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1996, c.7 (C.2A:17-56.41) is amended to read as follows:
3. a. If all appropriate enforcement methods to collect child support arrearage have been exhausted and the child support arrearage equals or exceeds the amount of child support payable for six months or court-ordered health care coverage for the child is not provided for six months, or the obligor fails to respond to a subpoena relating to a paternity or child support action[, or a child support-related warrant exists,] and the obligor is found to possess a license in the State [and all appropriate enforcement methods to collect the child support arrearage have been exhausted], the Probation Division shall send a written notice to the obligor, [by certified and regular mail, return receipt requested] in accordance with the Rules of Court, at the obligor's last-known address or place of business or employment, advising the obligor that the obligor's license may be revoked or suspended unless, within 30 days of the postmark date of the notice, the obligor pays the full amount of the child support arrearage, or provides proof that health care coverage for the child has been obtained, or responds to a subpoena, or makes a written request for a court hearing to the Probation Division, or reaches an agreement with the Probation Division on a payment amount that is approved the Court including the resumption of timely ongoing support payments. [If a child support- related warrant for the obligor exists, the professional, occupational, recreational or sporting license revocation or suspension shall be terminated if the obligor pays the full amount of the child support arrearage, provides proof that health care coverage for the child has been obtained as required by the court order, or surrenders to the county sheriff or the Probation Division.]
b. If the obligor fails to take one of the actions in subsection a. of this section within 30 days of the postmark date of the notice and there is proof that service on the obligor was effective, the Probation Division [shall] may file a certification with the court setting forth the obligor's non-compliance with the support order and the obligor's failure to respond to the written notice of the potential license suspension or revocation. If, based on the papers filed by the Probation Division, the court is satisfied that service on the obligor was effective as set forth in this section, it shall without need for further due process or hearing, enter a court order suspending or revoking all licenses held by the obligor for which they have been previously noticed. Upon the entry of the order, the Probation Division shall forward a copy to the obligor and all appropriate licensing authorities.
For the purposes of this section, the court may deem procedural due process requirements for notice and service of process to be met with respect to a party thereto upon delivery of written notice to the most recent residential or employer address filed with the Probation Division for that party. If a party fails to respond to a notice and no proof is available that the party received the notice, the Probation Division shall document to the court that it has made a diligent effort to locate the party by making inquiries that may include, but are not limited to: the United States Postal Service, the [Division of] New Jersey Motor Vehicles [in the Department of Transportation] Commission, the Division of Taxation in the Department of the Treasury and the Departments of Labor and Corrections. The Probation Division shall provide [an affidavit] a certification to the court presenting such documentation of its diligent effort, which certifies its inability to locate the party, before any adverse action is taken based upon the party's failure to respond to the notice.
c. If the obligor requests a hearing, the Probation Division shall file a petition for a judicial hearing in accordance with section 5 of P.L.1996, c.7 (C.2A:17-56.43). The hearing shall occur within 45 days of the obligor's request. If, at or prior to the hearing, the obligor pays the full amount of the child support arrearage or provides health care coverage as ordered, or responds to the subpoena [or surrenders to the county sheriff or the Probation Division] or reaches an agreement with the Probation Division on a payment amount that is approved the Court including the resumption of timely ongoing support payments, the license revocation process shall be terminated. No license revocation action shall be initiated if the Probation Division has received notice that the obligor has pending a motion to modify the child support order if that motion was filed prior to the date that the notice of the license suspension or revocation was sent by the Probation Division. The court shall consider the Probation Division's petition to revoke or suspend a license in accordance with section 5 of P.L.1996, c.7 (C.2A:17-56.43).
(cf: P.L.2019, c.276, s.2).
2. Section 5 of P.L.1996, c.7 (C.2A:17-56.43) is amended to read as follows:
5. The court [shall] may suspend or revoke a license if it finds that: a. all appropriate enforcement methods have been exhausted, b. the obligor is the holder of a license, c. the requisite child support arrearage amount exists, health care coverage has not been provided as ordered pursuant to section 3 of P.L.1996, c.7 (C.2A:17-56.41), or there has been no response to a subpoena, d. no motion to modify the child support order, filed prior to the date that the notice of the license suspension or revocation was sent by the Probation Division, is pending before the court, and e. there is no equitable reason, such as involuntary unemployment, disability, or compliance with a court-ordered plan for the periodic payment of the child support arrearage amount, for the obligor's non-compliance with the child support order.
If the court is satisfied that these conditions exist, it [shall] may first consider suspending or revoking a driver's license prior to a professional or recreational license. If the obligor fails to appear at the hearing after being properly served with notice, the court [shall] may order the suspension or revocation of all licenses held by the obligor. In the case of a driver's license, if the court finds that the license revocation or suspension will result in a significant hardship to the obligor, to the obligor's legal dependents [under 18 years of age] living in the obligor's household, to the obligor's employees, or to persons, businesses or entities to whom the obligor provides goods or services, the court may allow the obligor to pay [25%] a lump sum as determined by the court of the past-due child support amount within a time frame determined by the court, but not to exceed [three] ten working days of the hearing, establish a payment schedule to satisfy the remainder of the arrearages within [one year] a time period as determined by the court, but not to exceed five years, and requ