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    Alimony and child support in New Jersey
       Alimony and child support in New Jersey

   

The following is a portion of the NJ Court Rules which apply to all Divorce, alimony     and child support cases

   

RULE 5:7. DIVORCE, NULLITY, SEPARATE MAINTENANCE (Child Support and Alimony)

   

5:7-1. Venue

   

Except as otherwise provided by law, venue in actions for divorce, nullity and separate     maintenance shall be laid in the county in which plaintiff was domiciled when the cause of     action arose, or if plaintiff was not then domiciled in this State, then in the county in     which defendant was domiciled when the cause of action arose; or if neither party was     domiciled in this State when the cause of action arose, then in the county in which the     plaintiff is domiciled when the action is commenced, or if plaintiff is not domiciled in     this State, then in the county where defendant is domiciled when service of process is     made. For purposes of this rule, in actions brought under N.J.S.A. 2A:34-2(c), the cause     of action shall be deemed to have arisen three months after the last act of cruelty     complained of in the Complaint.

   

5:7-2. Application Pendente Lite

   

(a) Support Pendente Lite. Applications for support, counsel fees and costs pendente     lite, whether made with the complaint or by notice of motion thereafter, shall be     accompanied by a completed case information statement in the form set forth in Appendix V     to these rules pursuant to R. 5:5-2. If this form has previously been submitted,     amendments thereto must be filed with the court no later than eight days prior to the     motion hearing date. A completed case information statement shall accompany the response     to the application pendente lite. If previously submitted, amendments thereto must be     filed with the court no later than eight days prior to the hearing date.

   

(b) Restraints; Contempt. If pendente lite relief is sought, by way of preliminary     restraint or to hold a party in contempt, the application shall be on petition and order     to show cause.

   

5:7-3. Corroboration

   

All elements of a claim for divorce or nullity may be proved without corroboration.

   

5:7-4. Alimony and Child Support Payments

   

(a) Allocation of Support. In awarding alimony, maintenance or child support, the court     shall separate the amounts awarded for alimony or maintenance and the amounts awarded for     child support, unless for good cause shown the court determines that the amounts should be     unallocated. In awarding child support, payments for health care, child care and other     expenses necessary to maintain the child or children shall be designated as part of the     child support award unless good cause is shown why such amounts should be separated.

   

(b) Payments Through the Probation Division. The judgment or order shall provide that     payments be made to the New Jersey Family Support Payment Center. When an obligor's county     of residence changes, the transfer of the responsibility for the collection and     enforcement of such judgment or order shall be governed by the policies established by the     Administrative Director of the Courts. Alimony, maintenance or child support payments not     presently made through the Probation Division shall be so made upon application of either     party to the Probation Division unless the other party, upon application to the court,     shows good cause to the contrary. In non-dissolution support proceedings, the court shall     record its decision using the Uniform Order for Summary Support shown in Appendix XVI of     these Rules. Upon the signing of any order that includes support or health insurance     provisions to be administered by the Probation Division, the court shall, immediately     after the hearing, send to the appropriate Probation Division one copy of the order which     shall include statements prepared by the parties or their attorneys providing the names,     dates of birth, Social Security Numbers, and mailing addresses of the parents and the     children; the occupation and driver's license number of the parent who is ordered to pay     support; the policy number and name of the health insurance provider of the parent who is     ordered to insure the children; and, if income withholding is ordered, the name and     address of the obligor's employer. When a party or attorney must prepare a formal written     judgment or order pursuant to a judicial decision that includes support or health     insurance provisions to be administered by the Probation Division, the court shall, on the     date of the hearing, record the support and health insurance provisions on a Temporary     Support Order using the form prescribed in Appendix XVII of these Rules and shall     immediately have such order delivered to the Probation Division so that a support account     can be established on the Automated Child Support Enforcement System (ACSES). The     Probation Division shall establish a support account on ACSES within eight business days     of the date the court order was signed. Demographic information provided on the Temporary     Support Order shall be limited to that which is required to establish an ACSES account and     send case initiation documents to the parties and the obligor's employer. In addition to     the information provided to the court with the final order or judgment as required by this     paragraph, the parties and their attorneys shall provide additional family and benefit     information at the request of the Probation Division. The Temporary Support Order shall     remain in effect until a copy of the final judgment or order is received by the Probation     Division. After a judgment or order is entered and the Probation Division has established     an ACSES support account, the obligor shall notify the appropriate Probation Division of     any change of employer, health insurance provider or address and the obligee shall notify     the Probation Division of a change of address or a change in the status of the children as     may be required in the order or judgment within 10 days of the change, and any judgment or     order that includes alimony or support shall so provide. Failure to provide information as     to change of employer, health insurance provider or address shall be considered a     violation of the order. Judgments or orders amending the amounts to be paid through the     Probation Division shall be treated in the same manner.

   

(c) Income Withholding. All complaints, notices, pleadings, orders and judgments which     include child support filed or entered on or after October 1, 1990 shall comply with the     income withholding provisions of Rule 5:7-5.

   

(d) Notices Applicable to All Orders and Judgments That Include Child Support     Provisions. The judgment or order shall include notices stating: (1) that, if support is     not paid through immediate income withholding, the child support provisions of an order or     judgment are subject to income withholding when a child support arrearage has accrued in     an amount equal to or in excess of the amount of support payable for 14 days. The     withholding is effective against the obligor's current and future income from all sources     authorized by law; (2) that any payment or installment of an order for child support or     those portions of an order which are allocated for child support shall be fully     enforceable and entitled to full faith and credit and shall be a judgment by operation of     law on or after the date it is due; (3) that no payment or installment of an order for     child support or those portions of an order that are allocated for child support shall be     retroactively modified by the court except for the period during which the party seeking     relief has pending an application for modification as provided in N.J.S.A. 2A:17-56.23a;     (4) that the occupational, recreational, and professional licenses, including a license to     practice law, held or applied for by the obligor may be denied, suspended or revoked if:     1) a child support arrearage accumulates that is equal to or exceeds the amount of child     support payable for six months, or 2) the obligor fails to provide health care coverage     for the child as ordered by the court within six months, or 3) a warrant for the obligor's     arrest has been issued by the court for obligor's failure to pay child support as ordered,     or for obligor's failure to appear at a hearing to establish paternity or child support,     or for obligor's failure to appear at a child support hearing to enforce a child support     order and said warrant remains outstanding; (5) that the driver's license held or applied     for by the obligor may be denied, suspended, or revoked if 1) a child support arrearage     accumulates that is equal to or exceeds the amount of child support payable for six     months, or 2) the obligor fails to provide health care coverage for the child as ordered     by the court within six months; and (6) that the driver's license held or applied for by     the obligor shall be denied, suspended, or revoked if the court issues a warrant for the     obligor's arrest for failure to pay child support as ordered, or for failure to appear at     a hearing to establish paternity or child support, or for failure to appear at a child     support hearing to enforce a child support order and said warrant remains outstanding..

   

(e) Additional Notices for Orders and Judgments Payable Through the Probation Division.     Orders and judgments payable through the Probation Division shall include notices, in     addition to those listed in paragraph (d), stating: (1) that the amount of child support     and/or the addition of a health care coverage provision in Title IV-D cases shall be     subject to review, at least once every three years, on written request by either party to     the Division of Family Development, P.O. Box 716, Trenton, NJ 08625-0716 and adjusted by     the court, as appropriate, or upon application to the court; (2) that the parties are     required to notify the appropriate Probation Division of any change of employer, address     or health care coverage provider within 10 days of the change and that failure to provide     such information shall be considered a violation of the order; (3) that, in accordance     with N.J.S.A. 2A:34-23b, the custodial parent may require the non-custodial parent's     health care coverage provider to make payments directly to the health care provider by     submitting a copy of the relevant sections of the order to the insurer; and (4) that     Social Security numbers are collected and used in accordance with section 205 of the     Social Security Act (42 U.S.C. 405), that disclosure of an individual's Social Security     number for Title IV-D purposes is mandatory, that Social Security numbers are used to     obtain income, employment and benefit information on individuals through computer matching     programs with federal and state agencies, and that such information is used to establish     and enforce child support under Title IV-D of the Social Security Act (42 U.S.C. 651 et     seq.).

   

5:7-5. Failure to Pay; Enforcement by the Court or Party; Income Withholding for Child     Support; Suspension and Revocation of Licenses for Failure to Support Dependents;     Execution of Assets for Child Support; Child Support Judgments and Post-judgment Interest

   

(a) Contempt and Relief in Aid of Litigant's Rights. If a person fails to make payments     or provide health insurance coverage as directed by an order or judgment, the Probation     Division responsible for monitoring and enforcing compliance shall notify such person by     mail that such failure may result in the institution of contempt proceedings. Upon the     accumulation of a support arrearage equal to or in excess of the amount of support payable     for 14 days or failure to provide health insurance coverage as ordered, the Probation     Division shall file a verified statement setting forth the facts establishing disobedience     of the order or judgment. The court in the county in which the person against whom the     award is made resides, unless another court is designated by order or Rule 5:7-6(a)     otherwise provides, may then, in its discretion, institute contempt proceedings in     accordance with Rule 1:10-2, and an aggrieved party, or the Probation Division on that     person's behalf, may apply to the court for relief in accordance with Rule 1:10-3. If the     aggrieved party states under oath in the application that he or she is indigent and unable     to pay the required filing fees, the court, if satisfied of the fact of indigency, may     waive the payment of such fees. If the application for relief is made on behalf of a party     by the Probation Division, filing fees shall be waived, and may, in the discretion of the     court, subsequently be assessed against the adverse party if it is determined that he or     she has not complied with the order or judgment being enforced. For past-due alimony or     child support payments that have not been docketed as a civil money judgment with the     Clerk of the Superior Court, the court may, on its own motion or on motion by the party     bringing the enforcement action, assess a late interest charge against the adverse party     at the rate prescribed by Rule 4:42-11(a). For past-due child support payments that have     been docketed as a civil money judgment, see paragraph g of this Rule.

   

(b) Immediate Income Withholding. All orders that include child support shall be paid     through immediate income withholding from the obligor's current and future income unless     the parties agree, in writing, to an alternative arrangement or either party shows, and     the court finds, good cause for an alternative arrangement. If included in the same order     as child support, the court may, in its discretion, garnish a separate amount for alimony,     maintenance or spousal support in accordance with N.J.S.A. 2A:17-50 et seq. and include     such amount in the immediate income withholding order.

   

(1) Application. Immediate income withholding applies to all orders which include child     support that are established or modified on or after October 1, 1990.

   

(2) Procedure. If an order or judgment contains a child support provision, the child     support shall be paid through immediate income withholding, and the withholding may     include amounts for alimony, maintenance or spousal support, unless the parties agree, in     writing, to an alternative arrangement or either party shows and the court finds good     cause for an alternative arrangement. The court shall forward the order to the Probation     Division which shall prepare and send a Notice to Payor of Income Withholding to the     obligor's employer or other source of income.

   

(3) Advance Notice. Every complaint, notice or pleading for the entry or modification     of a child support order shall include the following written notice: In accordance with     N.J.S.A. 2A:17-56.7 et seq., the child support provisions of a court order are subject to     income withholding on the effective date of the order unless the parties agree, in     writing, to an alternative arrangement or either party shows and the court finds good     cause to establish an alternative arrangement. The income withholding is effective upon     all types of income including wages from current and future employment.

   

(c) Initiated Income Withholding. When any child support order that is not subject to     immediate income withholding in accordance with paragraph (b) has an accumulated arrearage     equal to or exceeding the amount of support payable for 14 days, the Probation Division     supervising the support order shall initiate an income withholding against the obligor's     current and future income that is subject to income withholding.

   

(1) Application. Initiated income withholding applies to all orders which include child     support (a) that are entered prior to October 1, 1990, (b) that are entered or modified     after October 1, 1990 which do not include a provision for immediate income withholding or     (c) in which the parties have agreed, in writing, to an alternative arrangement and an     arrearage equal to or in excess of the amount of support payable for 14 days exists.     Initiated income withholding does not apply to alimony, maintenance or spousal support     provisions.

   

(2) Procedure. When any order that includes child support is in default in an amount     equal to or in excess of the amount of support payable for 14 days, the Probation Division     of the County responsible for monitoring and enforcing compliance with the order or     judgment shall initiate an income withholding against any of the obligor's income that is     subject to income withholding. The Probation Division shall send, by regular mail, a     Notice to Obligor of Income Withholding to the obligor's last known address. This notice     shall be postmarked no later than 10 days after the date on which the case was identified     as having the requisite 14-day arrearage and shall be mailed at the same time as the     notice to the payor. The notice shall inform the obligor of the amounts withheld for     current support and for the liquidation of arrearages and state that the withholding has     commenced. An obligor may contest the withholding only on the basis of mistake of fact. If     an obligor objects to the withholding, the Probation Division shall schedule a hearing or     administrative review within 20 days after receiving notice of the contest of the     withholding. Payment of arrearages after the due date shall not constitute good cause to     terminate the withholding. No later than five days after the hearing or administrative     review, the Probation Division shall notify the obligor, in writing, whether the     withholding shall continue.

   

(3) Advance Notice. All orders that include child support and that are not subject to     immediate income withholding as described in paragraph (b) shall include a notice to the     obligor stating that: The child support provisions of a support order are subject to     income withholding when a child support arrearage has accrued in an amount equal to or in     excess of the amount of support payable for 14 days. The withholding is effective against     the obligor's current and future income from all sources authorized by law.

   

(d) Rules Applicable to All Withholdings. The income withholding shall be binding on     the obligor's employer or other source of income and successive payors of the obligor's     income immediately after service of the Notice to Payor of Income Withholding upon the     payor of such income. An employer or other source of income is not required to alter     normal pay cycles to comply with the withholding but shall withhold and forward the     required amount beginning with the first pay period that ends immediately after the notice     is postmarked and each time the obligor is paid thereafter. The Notice to Payor of Income     Withholding shall state that the payor of the obligor's income, except for the Division of     Unemployment and Temporary Disability, may deduct a fee of $1.00 for each payment. Such     fee shall be deducted from the obligor's income in addition to the amount withheld for     child support. The total amount of the withholding shall not exceed the maximum amount     permitted under section 303(b) of the federal Consumer Credit Protection Act (15 U.S.C.     1673(b)). If the court modifies any support order based upon changed circumstances, the     Probation Division shall notify the payor to change the income withholding accordingly.     When the Probation Division is unable to locate the obligor's current employer or other     source of income to effectuate an income withholding, it may use any other procedures     authorized by law to obtain this information. An income withholding for child support     shall have priority over all other legal processes under State law without regard to the     date of entry. If the obligor has more than one support order subject to withholding, the     employer or other source of income shall withhold the payments on a pro-rata basis. The     income withholding shall remain in effect until such time as the court enters an order to     the contrary and the Probation Division delivers a Notice of Termination of Income     Withholding to the employer or other source of income. An employer may not use an income     withholding as a basis for discharge, discipline or discrimination in hiring. An aggrieved     obligor may institute court action against the employer or other source of income as set     forth in N.J.S.A. 2A:17-56.12. If the obligor's source of income fails to comply with a     Notice to Payor of Income Withholding, it is liable for amounts that should have been     withheld. The employer or other source of income shall notify the Probation Division     promptly upon termination of the obligor's employment. If an employer or other source of     income fails to comply with the terms of the income withholding or any withholding     provision in this paragraph, the court may, upon application of the Probation Division,     issue an Order to Show Cause for Contempt against the payor and proceed with contempt     proceedings under Rule 1:10-3. The forms and notices required herein shall be prescribed     by the Administrative Director of the Courts.

   

(e) Suspension and Revocation of Licenses for Failure to Support Dependents.     (Professional license ex. - Doctor, CPA, Landscaper, Plumber)

   

(1) General Provisions. If a child support arrearage equals or exceeds the amount of     child support payable for six months, or court-ordered health care coverage for a child is     not provided within six months of the date that it is ordered, or the obligor fails to     respond to a subpoena relating to a paternity or child support action, or a warrant for     the obligor's arrest has been issued by the court due to the 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 child support hearing to enforce a child support order, and said     warrant remains outstanding, and the obligor is found to possess a license in the State of     New Jersey, including a license to practice law, and attempts to enforce the support     provisions through income withholding, withholding of civil lawsuit awards, and the     execution of assets, when available, have been exhausted, the Probation Division shall     send a written notice to the obligor, by certified and regular mail, return receipt     requested, at the obligor's last-known address or place of business or employment, stating     that the obligor's licenses may be revoked or suspended unless, within 30 days of the     postmark date of the notice, the obligor pays the full amount of past-due child support,     or provides proof that health care coverage for the child has been obtained, or responds     to a subpoena, or makes a written request for a court hearing to the Probation Division.     If a child support-related warrant exists, the license revocation or suspension will be     terminated if the obligor pays the full amount of the child support arrearage, provides     proof that health care coverage for the child has been obtained, or surrenders to the     county sheriff or the Probation Division. No license revocation action shall be initiated     if the Probation Division has received notice that the obligor has pending a motion to     modify the child support order if that motion was filed prior to the date that the notice     of the license suspension or revocation was sent by the Probation Division. If the court     issues a warrant for the obligor's arrest for failure to pay child support as ordered, or     for failure to appear at a hearing to establish paternity or child support, or for failure     to appear at a child support hearing to enforce a child support order, and said warrant     remains outstanding, the Probation Division shall immediately notify the Division of Motor     Vehicles of the warrant and the requirement to suspend the obligor's driving privileges     pursuant to N.J.S.A. 2A:17-56.41.

   

(2) Suspension by Default of the Obligor. If, after receiving notice of a proposed     license suspension or revocation, the obligor fails to take one of the actions specified     in paragraph (e)(1) of this Rule, the Probation Division shall provide the court with a     certification setting forth the obligor's non-compliance and failure to respond to the     written notice of the pending license revocation or suspension as well as proof of service     of the written notice of license suspension or denial. If, based on the papers filed by     the Probation Division, the court is satisfied that service on the obligor was effective     as set forth below, it shall, without need for further due process or hearing, enter an     order suspending or revoking all licenses held by the obligor except that if the obligor     is an attorney licensed to practice law in New Jersey, the order shall notify the Supreme     Court to suspend the obligor's license to practice law.

   

(3) Service of the Notice of Proposed License Suspension or Revocation. For the purpose     of license suspensions or revocations initiated in accordance with this paragraph,     simultaneous certified and regular mailing of the written notice shall constitute     effective service. The court may deem procedural due process requirements for notice and     service of process to be met with respect to a party thereto upon delivery of written     notice to the most recent residential or employer address filed with the Probation     Division for that party. If a party fails to respond to a notice and no proof is available     that the party received the notice, the Probation Division shall document to the court     that it has made a diligent effort to locate the party by making inquiries that may     include, but are not limited to: the United States Postal Service, the Division of Motor     Vehicles in the Department of Transportation, the Division of Taxation in the Department     of the Treasury, the Department of Corrections, and the Department of Labor. The Probation     Division shall provide an affidavit to the court presenting such documentation of its     diligent effort, which certifies its inability to locate the party. If the United States     Postal Service returns the mail to the Probation Division within the 30-day response     period marked "moved, unable to forward," "addressee not known,"     "no such number/street," "insufficient address," or "forwarding     order expired," the court may deem procedural due process requirements for notice and     service of process to be met upon a finding that the Probation Division has provided the     affidavit documenting the diligent effort to locate the party. If the certified mail is     returned for any other reason without the return of the regular mail, the regular mail     service shall constitute effective service. If the mail is addressed to the obligor at the     obligor's place of business or employment, with postal instructions to deliver to the     addressee only, service will be deemed effective only if the signature on the return     receipt appears to be that of the obligor. Acceptance of certified mail notice signed by     the obligor, the obligor's attorney, or a competent member of the obligor's household     above the age of 14 shall be deemed effective service.

   

(4) License Suspension or Revocation Hearings. If the obligor requests a hearing, the     Probation Division shall file a petition for a court hearing, which shall occur within 45     days of the obligor's request. If, at or prior to the hearing, the obligor pays the full     amount of the child support arrearage or provides proof that health care coverage for the     child has been obtained or responds to the subpoena or surrenders to the county sheriff or     the Probation Division, the license revocation process shall be terminated. The court     shall suspend or revoke the obligor's licenses (if the obligor is an attorney licensed to     practice law in New Jersey, the order shall notify the Supreme Court to suspend the     obligor's license to practice law) if it finds that: (a) all appropriate enforcement     methods have been exhausted, (b) the obligor is the holder of a license, (c) the requisite     child support arrearage amount exists or health care coverage for the child has not been     provided as ordered, (d) no motion to modify the child support order, filed prior to the     date that the notice of the license suspension or revocation was sent by the Probation     Division, is pending before the court, and (e) there is no equitable reason, such as     involuntary unemployment, disability, or compliance with a court-ordered plan for the     periodic payment of the child support arrearage amount, for the obligor's non-compliance     with the child support order. If the court is satisfied that these conditions exist, it     shall first consider suspending or revoking the obligor's driver's license prior to a     professional or occupational license. If the obligor fails to appear at the hearing after     being properly served with notice, the court shall order the suspension or revocation of     all licenses held by the obligor except that if the obligor is an attorney licensed to     practice law in New Jersey, the order shall notify the Supreme Court to suspend the     obligor's license to practice law. In the case of a driver's license, if the court finds     that the license revocation or suspension will result in a significant hardship to the     obligor, to the obligor's legal dependents under 18 years of age living in the obligor's     household, to the obligor's employees, or to persons, businesses, or entities to whom the     obligor provides goods or services, the court may allow the obligor to pay 25% of the     past-due child support amount within three working days of the hearing, establish a     payment schedule to satisfy the remainder of the arrearages within one year, and require     that the obligor comply with any current child support obligation. If the obligor agrees     to this arrangement, no suspension or revocation of any licenses shall be ordered.     Compliance with the payment agreement shall be monitored by the Probation Division. If the     obligor has good cause for not complying with the payment agreement within the time     permitted, the obligor shall immediately file a motion with the court and the Probation     Division requesting an extension of the payment plan. The court may extend the payment     plan if it is satisfied that the obligor has made a good faith effort to comply with the     plan and is unable to satisfy the full amount of past-due support within the time     permitted due to circumstances beyond the obligor's control. In no case shall a payment     plan extend beyond the date that the dependent child reaches the age of 18. If the obligor     fails to comply with the court-ordered payment schedule, the court shall, upon receipt of     a certification of non-compliance from the Probation Division, and without further     hearing, order the immediate revocation or suspension of all licenses held by the obligor.     If the obligor is an attorney licensed to practice law in New Jersey, the order shall     notify the Supreme Court to suspend the obligor's license to practice law. If required by     existing law or regulation, the court shall order that the obligor surrender the license     to the issuing authority within 30 days of the date of the order.

   

(5) Transmittal of Order Suspending or Revoking License. If the court issues an order     suspending or revoking a license pursuant to paragraph (e) of this Rule, the Probation     Division shall forward a copy of the order to the obligor and all appropriate licensing     authorities. If the order notifies the Supreme Court to suspend a license to practice law     in New Jersey, the Probation Division shall forward the order to the Clerk of the Supreme     Court and a copy to the Director of the Office of Attorney Ethics. The suspension of a     license to practice law in the State of New Jersey pursuant to paragraph (e) of this Rule,     shall be governed by R. 1:20-11A.

   

(6) Relief From Suspension or Revocation Due to Mistaken Identity. If the licensee,     upon receipt of the notice of suspension or revocation from the licensing authority,     disputes that he or she is the obligor, the licensee shall notify the licensing authority     and the Probation Division by registered mail within 20 days of the postmark date of the     notice and request a hearing. Upon receipt of the licensee's request for a hearing, the     Probation Division shall determine if the licensee is the obligor. If the Probation     Division determines that the licensee is not the obligor, the Probation Division shall so     notify the licensee and the licensing authority. If the Probation Division determines that     the licensee is the obligor and the licensee still disputes this finding, the Probation     Division shall file a petition for a court hearing to resolve the issue. The hearing shall     be held within 30 days of the date that the Probation Division determines that a hearing     is required. If a hearing is held to determine if the licensee is the obligor, the     Probation Division shall notify the licensing authority of the court's finding.

   

(7) Term of Suspension/Restoration of License. A license suspension or revocation     ordered by the court remains in effect until the obligor files with the licensing     authority either a court order restoring the license or a Probation Division certification     attesting to the full satisfaction of the child support arrearage. Within three working     days of the full payment of the child support arrearage, the Probation Division shall     provide the court with a certification stating that the obligor has satisfied the past-due     child support amount. Upon receipt of the certification, the court shall issue an order     restoring the obligor's licenses. The Probation Division shall immediately forward the     restoration order or certification to the obligor. The obligor is responsible for filing     the court order or Probation certification with the licensing authority. If a license to     practice law in New Jersey was suspended by the Supreme Court pursuant to R. 1:20-11A, the     attorney shall forward the Chancery Division, Family Part order that recommends the     restoration of the license to the Clerk of the Supreme Court and a copy of the order to     the Director of the Office of Attorney Ethics. The reinstatement of a license to practice     law in New Jersey shall be governed by R. 1:20-11A. When the court issues an order to     vacate a child support-related warrant or local law enforcement authorities execute the     warrant, the Probation Division shall send a certification or the court's order to the     obligor and to the Division of Motor Vehicles indicating that the child support-related     warrant is no longer effective. The Division of Motor Vehicles, upon receipt of the order     or certification, may reinstate the obligor's driving privileges, provided that the     obligor pays the Division's restoration fee.

   

(f) Execution on Assets to Collect Alimony and Child Support. If an order is issued     pursuant to R. 4:59-1(b) authorizing the Probation Division to execute on cash or     cash-equivalent assets as defined therein to collect alimony and child support judgments     payable through the Probation Division, the Probation Division may assist judgment     creditors by preparing the writ of execution, serving the writ on the holder of the     debtor's asset by registered or certified mail, and scheduling the matter before the court     to obtain an order to turn over funds. Service of the writ shall freeze the asset for the     amount of the judgment, but no turnover of funds shall be made or required to be made     until ordered by the court. The writ of execution shall be signed by the judgment creditor     or the attorney for the judgment creditor and may, subject to the limitations of this     rule, be issued by the Vicinage Chief Probation Officer acting as deputy clerk of the     Superior Court pursuant to R. 4:59-1(b). The Probation Division shall mail a notice to the     debtor as required by R. 4:59-1(g) immediately after the writ has been served on the     holder of the asset. The Probation Division shall send a copy of all writs of execution     issued pursuant to R. 4:59-1(b) to the Family Division Case Management Office. No costs or     fees shall be assessed by the Probation Division for aiding in the execution of a judgment     for alimony or child support. With respect to assets other than cash or cash-equivalents     as defined in R. 4:59-1(b), the Probation Division may assist the judgment creditor in     preparing the writ of execution and such other forms relating to the execution as may be     required, and in referring the judgment creditor to the sheriff of the county where the     asset is located.

   

(g) Child Support Judgments and Post-judgment Interest. In accordance with N.J.S.A.     2A:17-56.23a, past-due child support payments are a judgment by operation of law on or     after the date due and are subject to post-judgment interest at the rates prescribed in     Rule 4:42-11 at the time of satisfaction or execution. Past-due child support payable     through the Probation Division shall be automatically docketed as civil judgments with the     Clerk of the Superior Court on the first day of the month following the date the payment     was due. The Probation Division may, with the authorization of a child support judgment     creditor, assist that party in calculating post-judgment interest in accordance with Rule     4:42-11 at the time an offer of satisfaction is tendered or an execution of assets is     initiated. For child support that is not payable through the Probation Division, the     obligee shall file a motion with the court asking that the amount of past-due child     support be fixed and that a judgment be entered for that amount. The obligee shall be     responsible for filing the judgment with the Clerk of the Superior Court. Alternatively,     the obligee may procure a judgment by filing an application with the Probation Division     requesting that past-due and future child support payments be made through that office in     accordance with Rule 5:7-4(b).

   

5:7-6. Consolidated Enforcement and Modification Proceedings

   

(a) Where an order or judgment requires payment of support or alimony through a     probation office in a county other than the county of venue and where motions are pending     both for modification and enforcement of the order or judgment, all such motions shall be     heard in the county of venue. Prior to such hearing, the amount of arrearages shall be     fixed in the county where payments are required to be made either by certification of the     probation office or, if its certification is contested, by the court in that county. Where     motions are pending both for modification and enforcement, a certification of arrears     shall be forwarded by the probation office to the court of original venue seven (7) days     prior to the return date.

   

(b) Where any judgment requires payment through a probation office, all motions for     modification or enforcement shall be served by both regular and certified mail upon the     probation office in that county as if it were a party to the action.

   

5:7-7. Delay in Prosecution: Order to Proceed

   

In divorce and nullity actions, a party either resisting an order of dismissal pursuant     to R. 1:13-7 or seeking an order to proceed after such dismissal shall file an affidavit     stating the reason for the delay, the relations of the parties toward each other since the     commencement of the action, and any agreements or understandings between them.

   

5:7-8. Bifurcation

   

Bifurcation of trial of the marital dissolution or custody dispute from trial of     disputes over support and equitable distribution shall be permitted only with the approval     of the Family Presiding Judge, which approval shall be granted only in extraordinary     circumstances and for good cause shown. To file motions your attorney will need copies of     all prior orders.

   

The following is a portion of the additional information your attorney will The above     information is a brief outline of work an experienced attorney can do for you. Always     schedule an in- office consultation whenever an important legal matter arises.  

Hire a Trial Attorney To Represent You If Charged With a Criminal Or Serious Motor Vehicle Matter Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office also helps people with traffic/municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended. Criminal and Motor vehicle violations can cost you. You may have to pay high fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV/MVC [Motor Vehicle Commission] or have your license suspended. Don't give up!

The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal and motor vehicle violations. When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines, DMV/MVC surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.

Our website www.njlaws.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations. Call the Law Office of Kenneth Vercammen at 732-572-0500 to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses.
Celebrating 20+ years of providing excellent service to clients since 1985. We handle trials to win! 2nd degree black belt, trialthlete and member of state champion masters racing team. Alwayscompetitive!
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