New Jersey Assembly Bill A2748

New Jersey 2022-2023 Regular Session

• Introduced: 2/14/22
• Refer: 2/14/22

Caption

Requires certain accuracy standards for child support wage garnishments.

Impact

The bill amends existing legislation, specifically P.L.1981, c.417, by instituting procedural safeguards for income withholding initiated through the Probation Division. Under the new provisions, the administrative body will establish a systematic approach to verify that the total income withheld is managed correctly. This means that past deductions can be contested, and individuals will be entitled to refunds for amounts that were improperly withheld beyond what is due.

Summary

Assembly Bill 2748 aims to enhance the accuracy and accountability associated with child support wage garnishments in New Jersey. It requires the Administrative Office of the Courts to ensure that the total income withheld from a person's earnings for child support obligations does not exceed the total amount of support that is currently due, including any arrearages. This reflects an intention to protect individuals from having excessive funds deducted from their income, which could negatively impact their financial stability.

Contention

One potential area of contention involves the balance between ensuring child support payments and protecting the financial rights of the obligors. While proponents of the bill argue that it creates a fairer system for individuals who may otherwise face undue financial burdens due to incorrect garnishments, there could be concerns raised from advocates for custodial parents who might fear that stricter regulations may impede timely receipt of child support. The measure underscores a tension between the needs of families relying on support and the rights of those required to provide it.