New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 17 - DISTRIBUTION OF ARREARAGE PAYMENTS › Section 10:110-17.1 - Payments on arrearages

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Payments on
				past due child support shall be used to satisfy claims as follows:
1. If the obligee is receiving WFNJ/TANF cash
				assistance, any payment shall first satisfy amounts owed to the county agency
				before any payment to the obligee.
2. If the obligee has never received
				WFNJ/TANF cash assistance, all payments shall go the obligee.
3. If the obligee formerly received WFNJ/TANF
				cash assistance, the distribution of payments collected that exceed the amount
				required to be paid to the family for the month in which collected, shall
				follow the Federal provisions delineated at
				42 U.S.C. §
											657(a)(2)(B).
i. Arrearages that accrued after the family
				ceased to receive assistance (other than any amount collected through a Federal
				tax intercept) shall be distributed as follows:
(1) The State shall first distribute the
				amount collected to the family to satisfy any arrearages owed to the family
				that accrued after the family ceased to receive WFNJ/TANF.
(2) After the application of (a)3i(1) above,
				the State shall retain the State share of the amount collected, and pay to the
				Federal government the Federal share, but only to the extent necessary to
				reimburse amounts paid to the family as assistance by the State.
(3) Any remaining money shall be distributed
				to the family.
ii.
				Arrearages that accrued before the family received assistance (other than any
				amount collected through a Federal tax intercept) shall be distributed as
				follows:
(1) The State shall first distribute
				the amount to the family to satisfy any arrearages owed to the family that
				accrued before the family received assistance from the State.
(2) After the application of (a)3ii(1) above,
				the State shall retain the State share of the amount so collected, and pay to
				the Federal government the Federal share, but only to the extent necessary to
				reimburse amounts paid to the family as assistance by the State.
(3) Any remaining money shall be distributed
				to the family.
(4) To the extent
				that neither (a)3ii(1) nor 3ii(2) above applies, the State shall distribute the
				amount to the family.
iii. With regard to arrearages that accrued
				while the family received assistance, the State shall pay to the Federal
				government the Federal share of the amount collected; and retain, or distribute
				to the family, the State share of the amount so collected. In no event shall
				the total of the amounts paid to the Federal government and retained by the
				State exceed the total of the amounts that have been paid to the family as
				assistance by the State.
iv. The
				State shall treat any support arrearages collected (other than any amount
				collected through a Federal tax intercept) as accruing in the following order:
(1) To the period after the family ceased to
				receive assistance;
(2) To the
				period before the family received assistance;
(3) To the period while the family was
				receiving assistance.
4. The collection and distribution of Federal
				tax intercepts follow the provisions set forth at
				42 U.S.C.
				§
											664 and
				45
				C.F.R. 303.72.