Bill > S1538

Introduced Session

This bill establishes greater discretion in the court concerning license suspension and credit reporting due to failure to pay child support. Section 1 amends N.J.S.A.2A:17-56.41 concerned with consequences of an obligor's noncompliance, to make discretionary, instead of mandatory, the suspension of an obligor's license where arrearages equal or exceed the amount of child support payable for six months or court-ordered health care coverage for the child is not provided for six months. The amendment further expressly permits an obligor to reach an agreement with the Probation Division on a payment amount that is approved by the court including the resumption of timely ongoing support payments. Section 2 amends N.J.S.A.2A:17-56.43 concerned with suspension, revocation of license, to give the court discretion to consider suspending or revoking a driver's license prior to a professional or recreational license. The amendment further gives the court discretion to allow the obligor to pay a lump sum, in lieu of 25% of the past due child support amount, within a time frame not to exceed ten days, instead of three days of the hearing, over a longer period of five years, instead of one year to satisfy the remainder of the arrearage. The amendment permits both an extension and modification of the payment plan, upon a showing of good cause. Further, the amendment deletes the provision of N.J.S.A.2A:17-56.41 that provides a payment plan shall not extend beyond the date the dependent child reaches the age of 18, permitting a longer repayment period, in some instances. Section 3 amends N.J.S.A.2A:17-56.8 concerned with the enforcement of child support orders, to delete language permitting denial, suspension or revocation of the driver's license and professional or occupational licenses, or recreational or sporting license held or applied for if a warrant for the obligor's arrest has been issued by the court due to failure to pay child support as ordered, failure to appear at a hearing to establish paternity or child support, or failure to appear at a hearing to enforce a child support order and said warrant remains outstanding. Section 4 amends N.J.S.2A:17.56.44 concerned with suspension, revocation procedures, clarifies certain certifications required by licensing authorities, including that the applicant is not the subject of a child-support related warrant. Section 5 amends N.J.S.A.56:11-31 concerned with furnishing of consumer report; permissible circumstances. The amendment deletes the requirement that 10 days' notice has been provided to the consumer whose report is requested by the head of a State or local child support enforcement agency.

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Shirley Turner (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2024)

Official Document