Bill > S1060

Introduced Session

This bill amends the statutes concerning the docketing of child support judgments. The bill provides that a lien could be filed by the Probation Division only when the amount of a child support judgment equals or exceeds the amount of child support due for a one-month period. It is the intent of this provision to avoid the automatic creation of a lien in situations where an obligor who is making timely payments may nevertheless appear to be in arrears because of timing discrepancies in the way the obligor's employer issues paychecks. The bill clarifies the date that a child support judgment is deemed to be established. Under the bill, the Probation Division of the Superior Court could file a Title IV-D child support judgment as a lien with the Clerk of the Superior Court only when the amount of the judgment equals or exceeds the amount of child support due for a one-month period. Any subsequent delinquent child support installment would accrue to the lien on the date that the delinquent installment is reported to the Clerk of the Superior Court. The bill also provides that, for the purpose of determining the priority among conflicting security interests pursuant to law, the initial date of recording the child support lien would be the date upon which the lien is first docketed. Section 2 of the bill amends N.J.S.2A:17-3, concerning the execution of judgments. Currently, this statute provides that an execution may issue at any time within 20 years after the entry of a judgment, without a revival of the judgment. The bill provide that an execution may also issue, without revival, on a Title IV-D child support judgment at any time within 20 years after the date of the most recent delinquent child support payment that was reported to the Clerk of the Superior Court.

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Shirley Turner (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/30/2020)