Bill > A5899

Introduced Session

This bill is to be known as the "Equitable Outcomes in Child Support Collection Act." The bill amends section 1 of P.L.1962, c.142 (C.30:4C-29.1) to remove provisions in the statutes that outline how the Department of Children and Families currently collects child support obligations from legally responsible persons to offset the costs of maintenance, incurred by the Division of Child Protection and Permanency (DCPP), on behalf of children in the DCPP's care or custody and establishes new procedures for such collection. Specifically, the bill stipulates that any unpaid outstanding arrears balance of a court-ordered child support obligation, all unsatisfied civil judgements based on a court-ordered child support obligation, all warrants issued solely based on the alleged failure to pay or the sole purpose of enforcing a child support obligation, or any current outstanding liens entered on any and all property to which the defendant has or has acquired an interest, which is owed to reimburse the DCPP for maintenance costs incurred while a child was in its care or custody, are deemed null and void and are to be vacated and discharged. It is the sponsor's intent to update the State's statutes concerning the liability for maintenance costs of children in the care or custody of the DCPP to align with revised policies issued in 2022 by the Children's Bureau, an office of the federal Administration for Children and Families, allowing for Title IV-E agencies to define more narrowly when it is appropriate to seek child support from legally responsible persons. Data and research show the resources states expend on efforts to collect child support from legally responsible persons, as reimbursement for their children's maintenance costs, exceeds the amount of child support states collect. This amendment to State law reflects the DCPP's recognition that the collection of child support may place a burden and have a negative impact on the families of children under its care or custody, many of whom live in poverty. The negative impact may include but is not limited to: impeding family reunification; loss of employment; crippling debt; difficulty obtaining housing; inability to afford transportation; loss of driver's or professional licensure, or both; inability to obtain credit; and arrest and or incarceration. Enactment of legislation updating State statutes concerning the liability for maintenance costs of children in the care or custody of the DCPP and the collection of child support arrearages will allow the DCPP to support parents and remove barriers to reunifying families as quickly and safely as possible.

AI Summary

Committee Categories

Shanique Speight (D)*, 

Introduced, Referred to Assembly Women and Children Committee (on 12/18/2023)

Official Document