Bill > A2058

Introduced Session

This bill requires the suspension, by operation of law, of certain offenders' child support obligations. Under the bill, unless otherwise provided in a court order or judgment, the obligation to pay current and past due child support, and the judicial enforcement of the obligation, is to be automatically suspended by operation of law for any period exceeding 180 consecutive days in which the person ordered to pay support is incarcerated or placed in detention. This suspension applies to all child support orders monitored by the State IV-D agency or Probation Division, and child support orders for which the State has jurisdiction to modify the order. A suspension under the bill would not affect any existing arrearages that accrued prior to the date of the suspension; the arrearages would remain due and would be subject only to the administrative enforcement remedies provided by law. The bill requires the Child Support Program to provide at least one notice to both parties at their last known addresses when the obligation is automatically suspended. The notice is required to include information regarding the date of the suspension and the date the obligation or arrears repayment is expected to be reinstated. The notice also is to include information on the right of a custodial parent to reinstate payment by the obligor if that person is found to have the ability to pay. Either party is authorized to file a motion or application with the court seeking payment or judicial enforcement of an obligation suspended automatically under the bill if the person ordered to pay support has the ability to pay while incarcerated or placed in detention. Cases eligible for relief under the bill may be reviewed by the court to ascertain the obligor's ability to pay and determine whether to suspend or continue the obligation for the period of incarceration or detention exceeding 180 days. The bill requires the obligation to pay child support and judicial enforcement of the obligation to automatically resume 90 days following the release of the obligor from incarceration. The Department of Human Services Child Support Program, in consultation with the Probation Division of the Administrative Office of the Courts, is required to develop forms to implement the provisions of the bill. In addition to other notice requirements to be provided to an incarcerated person by the Department of Corrections during intake, the DOC also is required under the bill to inform the defendant that every order for child support is to be suspended, by operation of law, for any period exceeding 180 consecutive days in which obligor is incarcerated unless otherwise provided in a court order or judgment. Finally, the bill requires the Juvenile Justice Commission, in addition to any other information to be provided during the intake process for a juvenile adjudicated delinquent and placed in detention, to advise the juvenile of any child support orders and judgments entered against them, provide information on how to petition the court for a temporary modification of the financial obligations, and inform the juvenile that every order for child support is to be suspended, by operation of law, for any period exceeding 180 consecutive days in which the obligor is in detention unless otherwise provided in a court order or judgment. The Administrative Office of the Courts is required to provide sample forms and instructions on how to file an application to modify child support to the Juvenile Justice Commission for self-represented litigants.

AI Summary

Committee Categories

Eliana Pintor Marin (D)*,  Alixon Collazos-Gill (D),  Shanique Speight (D), 

Introduced, Referred to Assembly Public Safety and Preparedness Committee (on 01/09/2024)

Official Document