New Jersey Statutes 2A:17-56.52. Definitions relative to child support reform
Terms Used In New Jersey Statutes 2A:17-56.52
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Decedent: A deceased person.
- Dependent: A person dependent for support upon another.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
“Account” means a demand deposit account, checking or negotiable order of withdrawal account, savings account, time deposit account, or money market mutual fund account. “Account” also includes an equity securities account if permitted under federal law.
“Administrative enforcement” means the use of high volume automated data processing to search various State data bases, including, but not limited to, license records, employment service data and State new hire registries, to determine whether information is available in response to a request made by another jurisdiction to enforce a support order.
“Appropriate enforcement methods” means mechanisms such as income withholding, withholding of civil lawsuits, and execution of the assets of the obligor which can result in immediate payment of the child support arrearage when available. In appropriate cases, the license revocation process may be used as an alternative to Rule 5:7-5 of the court rules.
“Arrearage” means the amount of unpaid support as determined by a court order or an administrative order from a state for support of a child or of a child and the custodial parent.
“Child” means a person, whether over or under the age of majority, who is or is alleged to be owed a duty of child support by that person’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent.
“Child support” means the amount required to be paid under a judgment, decree, or order, whether temporary, final or subject to modification, issued by the Superior Court, Chancery Division, Family Part or a court or administrative agency of competent jurisdiction of another state, for the support and maintenance of a child, or the support and maintenance of a child and the parent with whom the child is living, which provides monetary support, health care coverage, any arrearage or reimbursement, and which may include other related costs and fees, interest and penalties, income withholding, attorney’s fees and other relief.
“Child support related warrant” means an outstanding warrant for the arrest of a child support obligor or putative father issued by the court for 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.
“Commissioner” means the Commissioner of Human Services.
“Court” means the Superior Court, Chancery Division, Family Part.
“Court order” means an order of the court or an order from an administrative or judicial tribunal in another state that is competent to enter or modify orders for paternity or child support.
“Court rules” means the Rules Governing the Courts of the State of New Jersey.
“Credit reporting agency” means a nationally recognized credit reporting agency as approved by the commissioner and defined in the federal Fair Credit Reporting Act (15 U.S.C. § 1681a(f)) as any entity which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing reports to third parties and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
“Custodial parent” means the parent or other person who has legal and physical custody of a child for the majority of the time. The custodial parent is responsible for the day-to-day decisions related to the child and for providing the basic needs of the child on a daily basis. The custodial parent is the person to whom child support is payable. In shared parenting situations, the custodial parent is known as the Parent of Primary Residence.
“Default order” means a court order entered due to a party’s failure to answer a complaint or motion or to appear at a court proceeding as required, after being properly served with notice.
“Department” means the Department of Human Services.
“Employee” means an individual who is an employee within the meaning of chapter 24 of the Internal Revenue Code of 1986. Employee does not include an employee of a federal or state agency performing intelligence or counter-intelligence functions, if the head of such agency has determined that reporting could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.
“Employer” has the meaning given the term in section 3401(d) of the Internal Revenue Code of 1986 and includes any governmental entity and labor organization.
“Financial institution” means: a depository institution as defined in 12 U.S.C. § 1813(c); an institution affiliated party as defined in 12 U.S.C. § 1813(u); a federal or State credit union as defined in 12 U.S.C. § 1752, including an institution affiliated party of a credit union as defined in 12 U.S.C. § 1786(r); a benefit association, insurance company, safe deposit company, money market mutual fund, or similar entity authorized to do business in this State. “Financial institution” also includes an investment and loan corporation if permitted under federal law.
“Health care coverage” means cash medical support, health insurance, dental insurance, eye care, pharmaceutical assistance and other types of medical support which are ordered by the court to maintain the health coverage of a child.
“Income” for the purposes of enforcing a support order, means, but is not limited to, commissions, salaries, earnings, wages, rent monies, unemployment compensation, workers’ compensation, any legal or equitable interest or entitlement owed that was acquired by a cause of action, suit, claim or counterclaim, insurance benefits, claims, accounts, assets of estates, inheritances, trusts, federal or State income tax refunds, homestead rebates, State lottery prizes, casino and racetrack winnings, annuities, retirement benefits, veteran’s benefits, union benefits, or any other earnings or other periodic entitlements to money from any source and any other property subject to withholding for child support pursuant to State law.
For the purposes of establishing a support order, income is defined pursuant to the child support guidelines in Appendix IX of the court rules.
“Labor organization” means a labor organization as defined in paragraph (5) of section 2 of the federal “National Labor Relations Act” (29 U.S.C. § 152) and includes any entity used by the organization and an employer to carry out the requirements of paragraph (3) of subsection (f) of section 8 of that act (29 U.S.C. § 158(f)(3)) or an agreement between the organization and the employer.
“License” means any license, registration or certificate issued by the State or its agencies or boards that is directly necessary to provide a product or service for compensation, to operate a motor vehicle, or for recreational or sporting purposes.
“Licensing authority” means any department, division, board, agency or other instrumentality of State government that issues a license, registration, certificate or other authorization to provide goods or services for compensation, to operate a motor vehicle, or for recreational or sporting purposes.
“Non-custodial parent” means the parent who does not have physical custody of the child on a day-to-day basis. In shared parenting situations, the non-custodial parent is known as the Parent of Alternate Residence.
“Obligee” means an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered; a state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or an individual seeking a judgment determining parentage of the individual’s child or providing for the support of a child.
“Obligor” means an individual, or the estate of a decedent, who owes or is alleged to owe a duty of support, who is alleged but has not been adjudicated to be a parent of a child, or who is liable under a support order.
“Payor” means an employer or individual or entity that disburses or is in possession of income or assets payable to an obligor.
“Probation Division” means the Probation Division of the Superior Court, Chancery Division, Family Part.
“RURESA” means the “Revised Uniform Reciprocal Enforcement of Support Act (1968),” adopted in New Jersey as P.L.1981, c.243 (C. 2A:4-30.24 et seq.).
“Spousal support” means a legally enforceable obligation assessed against a person for the support of a spouse or former spouse.
“State case registry” means the automated system maintained by the State IV-D agency that contains federally required information on child support cases.
“State IV-D agency” means the Department of Human Services.
“Support guidelines” means the set of presumptive standards for determining the amount of child support as established by the court in Appendix IX of the court rules.
“Support order” means a judgment, decree, or order, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse, which provides for monetary support, health care coverage, arrearages or reimbursement, and may include related costs and fees, interest, income withholding, attorney’s fees and other relief.
A support order shall be issued by the court or a court or administrative agency of another state.
“TANF” means the “Temporary Assistance to Needy Families” program established pursuant to Title IV-A of the federal Social Security Act (42 U.S.C. § 601 et seq.). TANF includes the Work First New Jersey program for dependent children and their parents established pursuant to P.L.1997, c.38 (C. 44:10-55 et seq.).
“Title IV-D” means Title IV-D of the federal Social Security Act (42 U.S.C. § 651 et seq.).
“Title IV-D case” means a case under Title IV-A or Title XIX of the federal Social Security Act (42 U.S.C. § 601 et seq.) that involves an assignment of support rights, an appropriate referral under Title IV-E of the federal Social Security Act (42 U.S.C. § 670 et seq.), a non-public assistance case in which an application for Title IV-D services has been filed and a fee paid, as appropriate, with the department, or an interstate case referred to the department by another jurisdiction.
“UIFSA” means the “Uniform Interstate Family Support Act,” P.L.2016, c.1 (C. 2A:4-30.124 et al.), to be adopted by each state to replace RURESA pursuant to Pub.L.104-193 and the former “Uniform Interstate Family Support Act,” P.L.1998, c.2 (C. 2A:4-30.65 through 2A:4-30.123).
L.1998, c.1, s.3; amended 2016, c.1, s.80.