Collecting Child Support

AUTOMATIC WAGE EXECUTION IN CHILD SUPPORT AWARDS:

The New Jersey Legislature amended the laws for enforcement of Child Support Awards (N.J.S.A. 2A:17-56.8 et seq.) effective October 1, 1990. Due to the changes in the law, a supporting spouse now has several options available in the context of child support.

First and foremost, under the amended law, whenever there is an order to enter or modify a child support award, a written notice to the obligor shall be given that the award shall be enforced by an automatic wage execution. The income withholding provision is applicable to all child support awards, even those issued on or before the effective date of the Act.

There are two exceptions to the general rule of an automatic wage execution. The first exception is if both parties agree in writing to an alternate arrangement. For example, if the parties can agree to a Child Support Award, it can still be incorporated into the Property Settlement Agreement. The second exception is for parties, who cannot agree in writing, but who are able to demonstrate an alternate agreement to the Court, and the Court, for good cause shown, approves of the same.

Where an alternate solution is arrived at by the parties through a Property Settlement Agreement or some similar agreement, income withholding shall be initiated when the obligor has failed to make a child support payment equal to 14 days support. The obligee must simply file an affidavit with probation for child support.

The income withholding provision is initiated through the probation department of the county where the obligor resides upon the issuance of a court order. The wage execution order is binding upon the employer of the obligor immediately after probation serves the employer with a copy of the order by registered or certified mail.

The wage execution may not exceed the maximum amount permitted under Section 303 (b) of the Federal Consumer Credit Protection Act. The probation department must notify the employer of the amount to be withheld.

The employer and all subsequent employers must forward the money to the Probation Department unless otherwise directed by the Probation Department. The payments must be withheld by the end of the first pay period in which the order was served upon the employer.

Additionally, the employer has an affirmative duty to notify Probation immediately of the obligator's termination. The employer must also furnish last known address of the obligor, as well as the name and address of the obligor's new employer, if known.

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