reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 5 - DELIVERY OF CHILD SUPPORT SERVICES › Section 10:110-5.2 - Administrative subpoena

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance
				with P.L.
				1998, c. 1 and N.J.S.A.
				2A:17-56.3 4, the Department or its designee, including the probation
				divisions, may compel, by administrative subpoena, the production of books,
				papers, accounts, records, and documents, and any financial or other
				information needed for the establishment, modification or enforcement of a
				support order.
(b) The subpoena
				shall be served by certified and regular mail on the person or entity in
				possession of the information or record that is sought.
(c) Rules concerning civil penalties for lack
				of response to administrative subpoena are as follows:
1. A civil penalty of $ 25.00 per violation
				shall be imposed for failure to respond to an administrative
				subpoena.
2. A civil penalty of $
				500.00 shall be imposed for:
i. Conspiracy
				between the non-custodial parent and the entity not to supply the information;
				or
ii. Conspiracy between the
				non-custodial parent and the entity to supply inaccurate or incomplete
				information.
3. Payment
				of the penalty shall be waived if, in response to the notice of the imposition
				of the penalty, the person or entity complies with the administrative
				subpoena.
4. All penalties assessed
				under this section shall be payable to the State Treasurer and may be recovered
				in a summary proceeding pursuant to N.J.S.A. 2A:58-1 et seq.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 5 - DELIVERY OF CHILD SUPPORT SERVICES › Section 10:110-5.3 - Administrative enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Wherever
				possible, compliance with established child support orders shall be
				administratively enforced through methods described in this chapter.
(b) Administrative enforcement shall be used,
				to the same extent as used for intrastate cases, in response to a request made
				by another state, Indian Tribe/Tribal organization child support enforcement
				agency, or any foreign reciprocating jurisdiction to enforce a support order.
1. Neither of the involved entities (that is,
				state-to-state, state to Indian Tribe/Tribal organization child support
				enforcement agency, or state to foreign reciprocating jurisdiction and
				vice-versa) shall consider the case to be transferred to the caseload of the
				other.
2. Records shall be
				maintained of:
i. The number of requests for
				assistance received by the State;
ii. The number of cases for which the State
				collected support in response to the administrative enforcement request;
				and
iii. The amount of support
				collected.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 5 - DELIVERY OF CHILD SUPPORT SERVICES › Section 10:110-5.4 - Work activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In cases where
				a child is receiving assistance under a State program funded under TANF, and
				all the provisions at (b) below concerning the obligor are met, the Department
				is authorized to petition the court to issue an order that requires the obligor
				to:
1. Pay the support in accordance with a
				plan approved by the court; and/or
2. Participate in work activities as ordered
				by the court.
i. A petition for participation
				in a work activity may include a request to adjust the child support amount of
				the support order to conform with the Child Support Guidelines of New Jersey
				Supreme Court Rule 5:6A, incorporated herein by reference.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 6 - CWA AS PAYEE › Section 10:110-6.1 - Assignment of rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application
				for or receipt of WFNJ/TANF shall operate as an assignment of support rights to
				the county agency.
(b) Assignment
				of support rights applies to any Division of Child Protection and Permanency
				(CP&P) case referred for child support services.
(c) Assignment of medical support rights to
				the CWA is automatic upon application for or receipt of Medicaid
				assistance.
(d) Whenever a family
				is no longer eligible for assistance under WFNJ/TANF, CP&P, or Medicaid,
				the county agency shall notify the family within five working days of the
				notification of ineligibility or termination, that Title IV-D services shall
				continue unless the family notifies the county agency that services are no
				longer desired.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 6 - CWA AS PAYEE › Section 10:110-6.2 - Support payments

Current through Register Vol. 56, No. 14, July 15, 2024
All support rights due the WFNJ/TANF applicant/recipient,
				  which are assigned to the county, shall be paid through the State disbursement
				  unit as ordered by the court. Up to the first $ 100.00 of any current support
				  collected in a month when the child support is due, shall be paid to the
				  family.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 6 - CWA AS PAYEE › Section 10:110-6.4 - Authorization to seek or enforce a child support and/or medical support obligation

Current through Register Vol. 56, No. 14, July 15, 2024
An application for services by a non-public assistance
				  recipient of child support services shall operate as authorization to seek or
				  assist the party to establish, modify, or enforce child support or medical
				  support as requested.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 7 - APPLICATION AND FEES › Section 10:110-7.1 - Application fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For public
				assistance recipients, there is no application fee for child support services.
1. If public assistance and child support
				services are terminated by the applicant/recipient, and the individual at some
				later time requests that services be reinstated, the CWA/CSU shall require that
				the individual file a IV-D application and that the $ 6.00 application fee be
				paid.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 7 - APPLICATION AND FEES › Section 10:110-7.2 - Application process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications
				shall be made accessible to the public. There shall be included with each
				application for IV-D services, and provided to each applicant for WFNJ/TANF,
				Medicaid and Title IV-E foster care services upon referral to the CWA/CSU,
				information describing child support services, the custodial and non-custodial
				parent's rights and responsibilities, application fees or recovery of cost
				charged by an out-of-State IV-D agency, overpayment recoupment policies,
				administrative complaint procedures, direct deposit policies and payment
				distribution policies.
1. A IV-D application
				shall be provided on the day a request is made in person.
2. A IV-D application shall be sent within
				five working days of the date a written or telephone request for an application
				is received.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 7 - APPLICATION AND FEES › Section 10:110-7.3 - Annual fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any IV-D case in which the State IV-D
				agency has collected at least $ 550.00 on behalf of an individual or a child
				receiving child support services, who has never received public assistance,
				shall be assessed an annual fee of $ 35.00.
(b) The State IV-D agency has the authority
				to:
1. Pay the fee using Federal incentive
				dollars as available; or
2. The
				State IV-D agency shall exercise its option under the Deficit Reduction Act of
				2005 ( P.L.
				109-171 ) and its implementing regulations to
				collect the fee from the non-custodial parent when Federal incentive dollars
				are not available.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 8 - CASE ACTION PROCEDURES AND CASE RECORD ESTABLISHMENT › Section 10:110-8.1 - Investigative interview/case action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				investigative interview shall be scheduled with the applicant/recipient to
				obtain sufficient information to determine cooperation with child support
				requirements, in accordance with
				10:110-9.2 through 9.5 or
				10:90-16.2 through 16.5, for the receipt of WFNJ/TANF cash assistance and
				health care coverage, and to assist in the provision of child support services
				in both public assistance and non-public assistance cases.
(b) Case action procedures are as follows:
1. For a WFNJ/TANF applicant/recipient, if
				sufficient information is provided, action to establish paternity and or
				support shall be taken.
i. If it is
				determined that the WFNJ/TANF applicant/recipient has not cooperated in
				accordance with
				10:110-9.2 through 9.5 or
				10:90-16.2 through 16.5:
(1) The
				applicant/recipient and the children in the assistance unit shall not be
				eligible for cash benefits under WFNJ/TANF.
(2) The applicant/recipient shall be
				ineligible for Medicaid. However, if an applicant/recipient is pregnant at
				denial or termination of WFNJ/TANF, Medicaid eligibility shall continue until
				pregnancy and the 60 day post-partum eligibility period are
				concluded.
(3) The children in the
				WFNJ/TANF unit shall continue to receive Medicaid, subject to the notice
				requirements pertaining to adverse action notices pursuant to N.J.A.C.
				10:90-9.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 8 - CASE ACTION PROCEDURES AND CASE RECORD ESTABLISHMENT › Section 10:110-8.2 - Establishment of case records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Case records
				shall be maintained for all cases receiving child support services in
				accordance with
				45 C.F.R.
				303.2 and
				302.15.
				The OCSS shall ensure that procedures to retain such records are in accordance
				with 45 C.F.R. Part 74 and in accordance with other Federal and State
				provisions pertaining to those records and specific case
				circumstances.
(b) The case record,
				as defined herein, shall be established within no more than 20 calendar days of
				receipt of referral of a case to the CWA/CSU or of the filing of a IV-D
				application, including opening or establishing an automated case record on the
				OCSE authorized State automated child support system (the State Case
				Registry).
(c) New information
				shall be added to the case record within no more than five working days of
				receipt.
(d) The case record shall
				be supplemented with all information and documents pertaining to the case, as
				well as all relevant facts, dates, actions taken, contacts made, and resulting
				case record circumstances.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 9 - CHILD SUPPORT AND PATERNITY › Section 10:110-9.1 - Introduction

Current through Register Vol. 56, No. 14, July 15, 2024
(a)P.L. 93-647
				establishes Title IV-D of the Social Security Act, which mandates procedures
				for locating noncustodial parents, establishing paternity for children born
				out-of-wedlock and establishing, enforcing and/or modifying support obligations
				owed by noncustodial parents to their children. Title IV-D services with regard
				to paternity determinations and support collections shall be available to WFNJ
				individual, a Medicaid individual, a Title IV-E individual or any other
				individual not receiving WFNJ who files an application for child support
				services.
(b) The WFNJ program is
				designed to promote self-sufficiency. Support collections are a vital financial
				resource to all individuals attempting to attain and/or maintain
				self-sufficiency. Applicant/recipient cooperation with the county welfare
				agency child support unit (CWA/CSU) is a necessary step in obtaining support
				collections. Child support cooperation is an interactive ongoing process based
				on individual case circumstances. The applicant/recipient has a continuing
				responsibility to provide all necessary and new information available to them.
				The CWA/CSU is responsible for assisting the clients in obtaining information
				in its efforts to make paternity determinations and to obtain support
				collections from their responsible parent(s).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 9 - CHILD SUPPORT AND PATERNITY › Section 10:110-9.3 - Cooperation in good faith in establishing paternity and support

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The cooperation
				requirement herein is applicable pursuant to the Work First New Jersey Act,
				P.L.
				1997, c. 14.
(b) Applicants/recipients of WFNJ/TANF are
				required to cooperate in good faith as defined at
				10:110-9.4 with the CWA/CSU unit
				to establish parentage and establish, modify and enforce child support orders,
				subject to good cause exceptions as set forth at
				10:110-9.5.
(c) Cooperation in good faith for WFNJ/TANF
				applicants/recipients shall include, but is not limited to, providing the
				CWA/CSU with information related to the non-custodial parent as specified at
				10:110-9.4(b) and
				(c). The CWA/CSU shall conduct an
				investigation based upon the information provided in an effort to identify and
				locate non-custodial parents, establish parentage and establish, modify and/or
				enforce child support orders. If an applicant/recipient of WFNJ/TANF fails to
				cooperate by not providing the necessary information as outlined at
				10:110-9.4(b) 
				and fails to make a good faith effort as outlined at
				10:110-9.4(c), or
				fails to meet the criteria for continuing cooperation as outlined at
				10:110-9.4(e),
				and good cause for failure to cooperate is not established, the CWA/CSU shall
				notify the WFNJ/TANF applicant/recipient that a determination of
				non-cooperation shall be made unless he or she takes certain specified actions
				to cooperate.
(d) A WFNJ/GA
				applicant/recipient shall be required to cooperate in good faith with the child
				support requirements by identifying his or her children and their respective
				custodial parent(s) and by providing the custodial parent's address, date of
				birth and social security number or by providing all of the requested
				information he or she reasonably can through the completion and the signing of
				the affidavit of cooperation.
1. If an
				applicant/recipient refuses to provide information or sign the affidavit of
				cooperation, a determination of non-cooperation with the WFNJ/GA agency shall
				be made. See
				10:110-9.2(a)2  v
				regarding eligibility for other programs.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 9 - CHILD SUPPORT AND PATERNITY › Section 10:110-9.4 - Good faith effort requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To cooperate, a
				WFNJ/TANF applicant/recipient shall make a good faith effort to provide
				information as outlined in (b) and (c) below. The CWA/CSU worker shall explain
				the child support cooperation requirements, the good faith standard set out in
				(b) and (c) below, and what constitutes a good cause claim as outlined at
				10:110-9.5. An applicant or
				recipient shall be deemed to be making a good faith effort if he or she has
				provided all the information he or she has or can reasonably obtain as required
				by (b) or (c) below. Initial cooperation shall begin with the
				applicant/recipient signing the affidavit of cooperation.
1. The CWA/CSU worker shall access both the
				automated child support system for an existing order and the Paternity
				Opportunity Program Imaging Data Base to determine if a Certificate of
				Parentage (COP) was executed on any of the children for which assistance is
				being sought.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 9 - CHILD SUPPORT AND PATERNITY › Section 10:110-9.5 - Good cause exceptions to cooperation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A WFNJ/TANF or
				Medicaid applicant/recipient has the right to claim a good cause exception from
				the child support requirements at any time during the WFNJ/TANF process when
				compliance with such requirements is not in the best interest of the
				individual, his or her child(ren), and/or family members. A good cause
				exception from the child support requirements is limited to:
1. Past or present situations involving
				family violence or the risk of family violence that affect the individual's
				ability to cooperate with child support requirements currently, including
				domestic violence and sexual assault, because the individual has or fears
				emotional or physical harm will be attempted or inflicted on him or herself
				and/or his or her child(ren) for pursuing child support activity on that
				non-custodial/alleged parent;
2.
				The initiation of adoption proceedings;
3. Parent person situations when the WFNJ
				applicant/recipient is someone other than the parent of the
				child(ren);
4. Certain instances
				involving artificial insemination; and
5. In other unusual circumstances in
				accordance with these regulations.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 10 - SERVICE OF PROCESS › Section 10:110-10.1 - General statement

Current through Register Vol. 56, No. 14, July 15, 2024
Service of process shall be required to establish child
				  support obligations and, in some instances, when actions to enforce obligations
				  are taken.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 10 - SERVICE OF PROCESS › Section 10:110-10.2 - Methods of service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The methods of
				service of process required by law shall vary with the action being taken.
1. When establishing or modifying the child
				support provision of a court order or judgment, service of process shall be
				consistent with court rules or applicable statutes.
2. When enforcing a support provision in an
				order or judgment, procedural due process requirements shall be deemed to have
				been met with respect to the party upon delivery of written notice by regular
				mail to that party's most recent residential or employer address on file with
				the probation division, if there is a sufficient showing that diligent efforts
				as defined in
				10:110-10.3 have been made to
				locate the party.
i. A certification
				documenting unsuccessful efforts to locate a party shall be documented and
				provided to the court when appropriate before any adverse action is taken based
				on failure of the party to respond to a notice.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 10 - SERVICE OF PROCESS › Section 10:110-10.3 - Diligent efforts to serve process in establishment and enforcement actions

Current through Register Vol. 56, No. 14, July 15, 2024
Diligent efforts to serve process in establishment and
				  enforcement actions means making inquiries that may include, but are not
				  limited to, the U.S. Postal Service, the Motor Vehicle Commission, the
				  Department of Labor and Workforce Development, the Department of Corrections,
				  and the Division of Taxation in the Department of the Treasury, to obtain
				  adequate identifying information and other information to attempt service of
				  process or the periodic repeating of service of process attempts, in cases in
				  which previous attempts to serve process have failed.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 11 - LOCATION › Section 10:110-11.1 - General location statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within no more
				than 75 calendar days of the determination that location is necessary, all
				appropriate location sources shall be accessed in an attempt to locate
				non-custodial parents or alleged fathers and/or their assets.
1. In these location investigations:
i. All appropriate local, State, and Federal
				resources available shall be utilized in accordance with
				45 CFR
				303.3(b);
ii. Location efforts in intergovernmental
				cases (cases in which one party does not live in New Jersey) shall be
				coordinated; and
iii. Cases, when
				appropriate, shall be referred to the Federal Parent Locator Service
				(FPLS).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 11 - LOCATION › Section 10:110-11.2 - Location sources

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with
				42 U.S.C. §
										653A(b)(1), a New Hires
				Directory shall be maintained. All employers and labor organizations doing
				business in the State shall report to the Department or its designee:
1. The hiring of, or contracting with, any
				person who works in this State and to whom the employer anticipates paying
				earnings, including contractors and independent contractors as defined herein;
				and
2. The re-hiring or return to
				work of any employee, contractor and/or independent contractor of the employer
				who is laid off, furloughed, separated, granted a leave without pay, or
				terminated from employment in this State.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 12 - PATERNITY ESTABLISHMENT › Section 10:110-12.1 - Identification of the alleged father

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Provided that
				an allegation of paternity is made as provided in this subchapter, paternity
				shall be established or service of process completed as necessary to commence
				proceedings to establish paternity within no more than 90 calendar days of
				locating the alleged father.
(b)
				Before initiating proceedings to establish paternity, an allegation of
				paternity shall be obtained. Provided that the child's age is no more than five
				years past the age of majority, the allegation may be made by:
1. The child's mother;
2. The custodial parent, if the custodial
				parent is not the mother;
3. A man
				alleging himself to be the child's biological father; or
4. The child.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 12 - PATERNITY ESTABLISHMENT › Section 10:110-12.2 - Voluntary acknowledgment of paternity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The OCSS shall
				establish and operate a voluntary acknowledgment of paternity program that
				shall be known as the Paternity Opportunity Program (POP). POP will allow for
				the voluntary acknowledgment of paternity through the execution of a
				Certificate of Parentage, which shall have the same force and effect as a court
				order, or judgment of paternity.
(b) In all cases in which sufficient
				information is available to initiate paternity establishment proceedings, the
				parties, including an un-emancipated minor, shall be offered the opportunity to
				voluntarily sign a Certificate of Parentage (COP). If another man is presumed
				to be the child's father pursuant to
				9:17-43 et seq., acknowledgment may
				be effected only if an affidavit of denial in accordance with
				10:110-12.7(b)2 
				is signed by the presumed father, and the biological father and mother sign a
				COP.
(c) Prior to the parties
				signing the COP, both the custodial parent and the alleged father shall be
				notified of the legal consequences associated with signing the COP, their
				rights in the COP process, and the alternatives to signing the COP.
1. The notice shall be given orally, or
				through the use of video or audio equipment, and in writing.
2. The notice shall specify that:
i. Either party may rescind the COP within 60
				days of the date of signing, or by the date of establishment of a support order
				whichever date is earlier. Additionally, the notice shall provide instructions
				on the manner in which the COP may be rescinded.
ii. Each attempted acknowledgment, whether or
				not effective, shall be kept on file by the State IV-D Agency or its designee,
				and shall entitle the person who filed it to notice of all proceedings
				concerning parentage and adoption of the child, as provided pursuant to
				9:3-45 and C. 9:17-47.
iii. A signed COP, that is not rescinded as
				specified in (c)2i above, shall be considered a legal finding of
				paternity.
iv. Either party may
				request genetic testing before signing the COP.
v. Should both parents sign the COP, the
				alleged father shall obtain standing in any adoption or custody proceeding
				involving the child and may seek visitation rights.
vi. By signing the COP, the alleged father
				shall become responsible for child support and medical support for the child,
				and the OCSS may seek, modify, and enforce orders regarding support
				issues.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 12 - PATERNITY ESTABLISHMENT › Section 10:110-12.3 - Contested paternity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the parties
				will not sign a COP and no complaint has been filed, a complaint to establish
				paternity and support obligations shall be filed in a court of competent
				jurisdiction.
1. The complaint shall be filed
				and service of process necessary to commence proceedings to establish paternity
				completed within no more than 90 calendar days of locating the alleged
				father.
2. The parties shall be
				required to submit to genetic testing, unless there is good cause for refusal
				in accordance with
				10:110-9.2 through 9.5 and
				10:90-16.2 through 16.5, if:
i. The party
				alleging paternity requests genetic testing and completes a sworn statement
				setting forth facts that establish a reasonable possibility that the parties
				had the requisite sexual contact during the probable period of conception;
				or
ii. The party denying paternity
				requests genetic testing and completes a sworn statement setting forth facts
				that establish a reasonable possibility that the parties did not have the
				requisite sexual contact during the probable period of conception or has reason
				to believe he is not the biological father.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 12 - PATERNITY ESTABLISHMENT › Section 10:110-12.4 - Genetic testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A list of
				approved genetic testing laboratories shall be developed through the
				competitive procurement process. The State shall award a contract to each
				laboratory on the list.
(b) If the
				CWA/CSU determines that genetic tests should be required, or if a party
				requests genetic tests before signing the COP, or if the court orders genetic
				tests, the CWA/CSU shall schedule the genetic test at a State-approved
				facility.
(c) The CWA shall provide
				initial payment for all costs associated with the genetic testing, including,
				but not limited to, costs related to performing the tests and costs related to
				analyzing the test results. The CWA/CSU shall ask the court to stipulate that
				the CWA be reimbursed the cost for genetic testing by either of the parties
				involved as determined by the practice of the court, unless:
1. The court declares that the alleged father
				is not the biological father and specifies that the alleged father is not
				financially responsible; or
2. The
				court declares the alleged father to be indigent, in which case the alleged
				father may be held liable for the cost and possible future payment.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 12 - PATERNITY ESTABLISHMENT › Section 10:110-12.5 - Establishing paternity in intergovernmental cases

Current through Register Vol. 56, No. 14, July 15, 2024
Within no more than 20 calendar days of determining the
				  alleged father is out-of-State and the case meets the definition of an
				  intergovernmental case, appropriate legal action or location action shall be
				  initiated, if necessary. Whenever appropriate, proceedings to establish
				  paternity shall be in accordance with the New Jersey Parentage Act at
				  9:17-46(b)  and
				  P.L.
				  1998, c. 2.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 12 - PATERNITY ESTABLISHMENT › Section 10:110-12.6 - Adoptions and artificial insemination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a child
				has been legally adopted, an action by a county child support agency to
				establish paternity against an alleged biological father shall not be initiated
				unless a court of competent jurisdiction overturns the adoption.
(b) When a child is conceived through an
				alternate means of conception or the artificial insemination of the mother with
				sperm donated anonymously to a "sperm bank" or similar institution, an action
				by a county child support agency to establish paternity shall not be initiated.
				Verification of artificial insemination circumstances is delineated at
				10:110-9.2 and
				10:90-16.5(a)5.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 12 - PATERNITY ESTABLISHMENT › Section 10:110-12.7 - Special circumstances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Paternity
				proceedings shall be waived in a WFNJ/TANF case when good cause is established
				pursuant to
				10:110-9.2 through 9.5 and/or
				10:90-16.2 through 16.5.
(b) If a
				child is born to married parents, but the mother alleges that someone other
				than the presumed father (the husband) is the child's biological father, an
				action to establish paternity may be pursued against the alleged biological
				father.
1. The legal relationship between the
				presumed father and the child may be severed by a court of competent
				jurisdiction, and the biological father can be adjudicated the legal
				father.
2. When the presumed father
				signs an Affidavit of Denial of Paternity, and the biological father and mother
				sign a COP, action to establish a child support obligation may be
				pursued.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 13 - ESTABLISHING SUPPORT OBLIGATIONS › Section 10:110-13.1 - General statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In cases where there is no order for
				child support and medical support within no more than 90 calendar days of
				determining the location of the non-custodial parent, an order for support
				shall be established or service of process completed, as necessary, to commence
				proceedings to establish an order.
1. A
				consent order will be attempted in accordance with individual county procedures
				prior to the scheduled court date.
2. If parentage is acknowledged and/or child
				support and medical support are agreed upon, the consent order shall be
				forwarded to the appropriate court for review and approval by the
				court.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 13 - ESTABLISHING SUPPORT OBLIGATIONS › Section 10:110-13.2 - Determining the amount of child support obligations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All child
				support orders shall be established or modified, including a modification
				request in accordance with
				42
				U.S.C. §
										666(a)(10)(B)
				due to proof of a significant change in circumstances, in accordance with the
				New Jersey Child Support Guidelines as adopted by the Supreme Court in Rule
				5:6A and Appendix IX.
1. The Child Support
				Guidelines may be modified or deviated from by the court only where good cause
				is shown.
2. The determination of
				good cause is within the sound discretion of the court.
3. If the Child Support Guidelines are not
				applied in a specific case or the guidelines-based award is adjusted, the
				reason for the deviation and the amount of the guidelines-based award (before
				any adjustment) shall be specified in writing on the guidelines worksheet or in
				the support order and recorded on the automated child support system.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 14 - TRIENNIAL REVIEWS › Section 10:110-14.1 - Case selection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every three years, the CWA/CSU shall
				review for possible adjustment/modification all WFNJ/TANF and Foster Care cases
				on which the support order exists. Additionally, the CWA/CSU shall review for
				possible adjustment/modification all active Medicaid only cases if an existing
				order was established, last reviewed or modified three years prior and does not
				contain a health care coverage provision. To ensure that the review is
				initiated by the three-year anniversary date, the automated child support
				system shall generate a monthly report from the State case registry listing all
				WFNJ/TANF, Foster Care and applicable Medicaid cases where the review date
				recorded in the State case registry is at least two years and 11 months earlier
				than the date on which the report is generated. This review shall occur even
				when the order has received an Automated Cost-of-Living Adjustment (COLA)
				adjustment(s), as defined herein, on an order that has been entered, enforced
				or modified on or after September 1, 1998 when the COLA became effective under
				the State Program.
(b) The parties
				in non-public assistance cases, not subject to cost-of-living adjustments
				(COLA), shall be notified three years from the date their support orders were
				established, last reviewed, or modified, of their right to request a review for
				possible adjustment/modification. Upon the written request of either party, the
				CWA/CSU shall review for possible adjustment/modification non-public assistance
				cases on which the support order was established, last reviewed or modified at
				least three years prior and the necessary financial information is available to
				the CWA/CSU for both parties. This review shall occur at the request of either
				party even when the order has received a COLA adjustment(s), as defined herein,
				on an order that has been entered, enforced or modified on or after September
				1, 1998 when the COLA became effective under the State Program.
1. Within 15 calendar days of receipt of a
				request for review, it shall be determined whether a review shall be
				conducted.
2. Within no more than
				180 calendar days of determining that a review shall be conducted or locating
				the non-requesting parent, whichever occurs later, the CWA/CSU shall complete
				the triennial review process at
				10:110-14.2.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 14 - TRIENNIAL REVIEWS › Section 10:110-14.2 - Triennial review process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On any case
				where it is determined that a review is warranted, both parties shall receive
				notice of the review at least 30 calendar days prior to the commencement of the
				review.
(b) On any case where it is
				determined that a review is warranted, the parties shall complete and return a
				Financial Information Sheet within 10 calendar days of the date on the request
				letter.
1. If the Financial Information Sheet
				is not returned by the requesting party, the CWA/CSU shall notify the custodial
				and non-custodial parents that the review is being terminated for failure to
				cooperate.
2. If the review was
				requested on a nonpublic assistance case, the IV-D client shall be asked to
				sign the "Authorization to Review Support."
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 14 - TRIENNIAL REVIEWS › Section 10:110-14.3 - Triennial reviews in intergovernmental cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a request
				for a triennial review is received in an intergovernmental case and New Jersey
				is the controlling order jurisdiction, the matter shall be reviewed by the
				appropriate CWA/CSU in accordance with
				2A:17-56.9(a) 
				and the Child Support Guidelines.
(b) When a request for a triennial review is
				received in an intergovernmental case and it is determined that the controlling
				order is in another jurisdiction, a request for review shall be sent to the
				responding jurisdiction via the appropriate Federally mandated standard
				intergovernmental child support enforcement forms.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 15 - ENFORCING SUPPORT OBLIGATIONS › Section 10:110-15.1 - General statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The enforcement
				of child support obligations includes:
1.
				Ensuring that current child support obligations are met;
2. Collecting past-due child support
				obligations;
3. Enforcing medical
				support; and
4. Collecting spousal
				support obligations when spousal support is ordered in conjunction with child
				support.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 15 - ENFORCING SUPPORT OBLIGATIONS › Section 10:110-15.2 - Child support enforcement remedies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Available
				enforcement remedies shall include, but are not limited to:
1. Provisions concerning income withholding
				are as follows:
i. Orders established or
				modified on or after November 1, 1990 shall be subject to income withholding,
				regardless of whether support payments are in arrears, unless the parties
				demonstrate, and the court finds, that there is good cause not to require
				immediate income withholding or both parties sign a written agreement that
				provides for an alternative arrangement.
(1)
				Regardless of any alternative arrangement, the non-custodial parent's income
				shall be subject to income withholding on the date the non-custodial parent
				fails to make support payments in an amount equal to or exceeding the support
				due for 14 calendar days or if the obligee, for good cause, or the obligor
				requests that withholding be initiated.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 16 - PROCESSING SUPPORT PAYMENTS › Section 10:110-16.1 - Distribution of excess child support

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an
				individual applies for or receives assistance under WFNJ/TANF, he or she
				assigns to the CWA any rights to support he or she may have, and any rights to
				support on behalf of any other individual for whom assistance is being sought
				or paid.
(b) If the entire support
				obligation for the month is collected and it exceeds the current month's
				assistance payment, the State shall retain the excess to apply toward the
				unreimbursed assistance (URA) for preceding months pursuant to
				42 U.S.C. §§
										608(a)(3) and
				657,
				and
				45 C.F.R.
				302.51.
1.
				If URA is zero dollars, then any excess child support collected is paid to the
				family.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 16 - PROCESSING SUPPORT PAYMENTS › Section 10:110-16.2 - Timeframes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Amounts
				collected pursuant to
				42 U.S.C. §
										657 shall be distributed within two business
				days after receipt, if sufficient information with which to identify the payee
				is provided.
(b) Distribution of
				collections made on past-due amounts shall be delayed when the non-custodial
				parent makes a timely appeal of the past-due amount, and resolution of that
				appeal is pending.
(c) The date of
				collection for purposes of Federal distribution regulations is the date the
				payment is received, except the date of collection shall be the date of
				withholding when the following circumstances exist:
1. The employer withheld current support in
				the month in which it was due; and
2. The withheld monies are received in a
				subsequent month.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 18 - INCENTIVE PAYMENTS › Section 10:110-18.1 - Distribution of incentives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Incentive
				payments received by OCSS, under 42 U.S.C. § 458(f) of the Social Security
				Act and
				45 C.F.R.
				304.12, shall be used to supplement other
				monies regularly expended for child support services or for an activity
				determined by the Commissioner with Federal approval of OCSE, that may
				contribute to improving the effectiveness or efficiency of child support
				services.
(b) The OCSS shall be
				responsible for ensuring that an annual process is followed, in accordance with
				this section, for determining the distribution of incentive monies.
(c) An appropriate share of those monies may
				be passed through to the CWAs that share in funding the administrative costs of
				the Program in accordance with
				45 C.F.R.
				303.52 and this section; and/or any remaining
				portion may be used to support an activity(ies) that may contribute to the
				enhancement of child support services; and/or be distributed to other
				components of the Child Support Program, including other entities that perform
				child support services under cooperative agreement, memoranda of understanding
				or contract with the IV-D Agency.
(d) The OCSS shall consider general
				performance criteria of any entity of the Child Support Program that may be
				eligible for consideration of an appropriate share or portion of annual
				incentive funds. The efficiency and effectiveness of the entity in the conduct
				of Child Support Program requirements shall be evaluated by looking at any or
				all of the following collective measures of its performance including, but not
				limited to:
1. Its achievement level relative
				to Federal performance criteria delineated at
				45 C.F.R.
				305.2;
2. The maintenance of reliable, accurate and
				secure case record data;
3. Any
				factors concerning performance that may be necessitated by Federal changes in
				statute and regulation concerning child support; and/or
4. Any other efficiency/effectiveness factors
				determined by OCSS for consideration.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 18 - INCENTIVE PAYMENTS › Section 10:110-18.2 - Incentives distribution methodology

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The OCSS shall
				assemble, on an annual basis, an Incentives Distribution Committee with
				representation from the various Program entities. The Committee shall make
				recommendations to the Commissioner on the distribution of incentive funds
				received in that year using as its basis the distribution standards contained
				herein, as determined by the Child Support Incentives Reform
				Workgroup.
(b) The Commissioner may
				decide that incentive funds should be distributed based on one or any
				combination of the distribution standards to eligible entities providing child
				support services.
(c) Incentive
				payments may be issued as Program-wide, performance and/or grant-based
				incentive payments.
(d) The
				incentives distribution standards are the criteria that determine the best
				collective use of the incentives monies for that year to improve effectiveness
				and efficiency of the overall Child Support Program. The distribution standards
				include, but are not limited to, the following:
1. Portion to the county agencies
				contributing to administrative costs based on current TANF and former TANF
				caseloads and performance;
2. Use
				of the incentive monies may improve the level of performance in one or more of
				the Federal performance areas;
3.
				Use of the incentives monies may improve the level of service; or
4. Use of incentives monies may improve
				compliance with Federal requirements in a manner that avoids Federal penalties
				against the Program.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 18 - INCENTIVE PAYMENTS › Section 10:110-18.3 - Reduction in incentives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Incentives may
				be reduced annually for failure to maintain an acceptable level of performance
				in the Federal performance measures.
(b) Incentives may be reduced annually for
				failure to improve performance in the Federal performance measures.
(c) Incentives may be reduced annually for
				failure to meet the Federally established standard for determining the
				reliability of data as a result of a Federal Data Reliability Audit.
1. Should the incentives realized by the
				State be reduced for failure to pass a Federal Data Reliability Audit, such
				reduction shall be passed along to the entity or entities responsible for the
				failure.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 18 - INCENTIVE PAYMENTS › Section 10:110-18.4 - Reinvestment of incentives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance
				with
				45
				C.F.R. 305.35, incentives shall be used to
				supplement and not supplant other funds used to carry out Title IV-D Program
				activities.
(b) The DFD shall
				determine the base amount of IV-D expenditures that may not be reduced as a
				result of the receipt and reinvestment of incentives. The DFD shall use the
				average amount of expenditures for Federal fiscal years 1996, 1997 and 1998 to
				determine the base amount. In order to be eligible for incentives, a county
				agency that shares in funding the administrative costs of the Program must meet
				their base expenditure level.
(c)
				Requests to expend incentives on activities not currently eligible for funding
				under the IV-D Program, but which would benefit the IV-D Program, shall be
				submitted to the Commissioner, or designee, for approval by the Commissioner of
				the Federal Office of Child Support Enforcement.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 19 - STATE CASE REGISTRY › Section 10:110-19.1 - Maintaining the State Case Registry

Current through Register Vol. 56, No. 14, July 15, 2024
The State Case Registry is the automated child support
				  system shall be maintained in accordance with the Personal Responsibility and
				  Work Opportunity Reconciliation Act of 1996,
				  P.L.
				  104-193 and the New Jersey Child Support Program
				  Improvement Act,
				  P.L.
				  1998, c. 1.