New Jersey Senate Bill S1437

New Jersey 2022-2023 Regular Session

• Introduced: 2/10/22
• Refer: 2/10/22

Caption

Provides that Probation Division would file child support judgment as a lien only when amount of judgment equals or exceeds amount of child support due for a one-month period.

Impact

The proposed changes under S1437 directly affect how child support orders are enforced and recorded, impacting the financial obligations of obligors. By establishing a clear threshold for when a lien can be placed, the bill may alleviate the pressures on obligors who are compliant with their payment schedule, helping them avoid potential negative repercussions associated with being incorrectly labeled as delinquent. Additionally, the bill retains the provision that child support judgments from other states will be given full faith and credit, ensuring consistent enforcement across jurisdictions.

Summary

Senate Bill S1437 aims to amend existing laws related to the docketing of child support judgments in the State of New Jersey. Specifically, the bill provides that the Probation Division of the Superior Court would only file a child support judgment as a lien when the total amount of the judgment equals or exceeds the amount of child support due for an entire month. This change is intended to prevent automatic liens from being created in situations where an obligor is making timely payments but may seem to be in arrears due to discrepancies in payroll timelines. The bill clarifies that subsequent delinquent child support installments would add to the lien from the time they are reported to the court.

Contention

Potential points of contention regarding S1437 may revolve around the interpretation and implications of establishing liens. Some stakeholders may voice concerns that this bill could complicate the enforcement of child support for custodial parents if obligors find ways to delay payments just below the threshold, thereby affecting custodial parents' financial stability. Moreover, there could be discussions on whether the bill sufficiently addresses cases where payments are consistently late or if it could perpetuate discrepancies that benefit obligors at the expense of custodial parents. Stakeholders may also be divided on the effectiveness of the proposed changes in streamlining enforcement procedures without compromising the welfare of children relying on timely support.