Rule 5:7-4. Orders Establishing Alimony and Child Support Payments

Rule 5:7-4. Orders Establishing 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) Cases Enforced by the Probation Division. Enforcement of child support
orders shall presumptively be in the county in which the child support order is first
established (county of venue), unless the court orders the case transferred for cause. In
cases where venue of a support case is transferred, Probation supervision of the case
shall concurrently be transferred to the county of venue, unless the court otherwise orders
for cause. The responsibility for the administration and enforcement of the judgment or
order, including the transfer of responsibility, shall be governed by the policies established
by the Administrative Director of the Courts. Alimony, maintenance, or child support
payments not presently administered by the Probation Division shall be so made on
application of either party to the court unless the other party, on 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 promulgated by the
Administrative Director of the Courts. On the signing of any order that includes alimony,
maintenance, child support, or medical support provisions to be administered by the
Probation Division, the court shall, immediately after the hearing, send to the appropriate
judicial staff one copy of the order which shall include a Confidential Litigant Information
Sheet in the form prescribed by the Administrative Director of the Courts 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 alimony, maintenance or child support or medical support 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 by the Administrative Director of the Courts and shall immediately
have such order and a Confidential Litigant Information Sheet in the form prescribed by the
Administrative Director of the Courts (if it has not yet been provided by the parties or
counsel) delivered to the appropriate judicial staff so that a support account can be
established on the New Jersey automated child support system. A probation account shall
be established on the automated child support system within eight business days of the
date the court order was signed. Demographic information provided on the Confidential
Litigant Information Sheet shall be required to establish a probation account and send
case initiation documents to the parties and the obligor's employer. The Temporary
Support Order shall remain in effect until a copy of the final judgment or order is received
by the Probation Division. Judgments or orders amending the amounts to be paid through
the Probation Division shall be treated in the same manner.

(c) Establishment of Support Arrears at the Hearing. At an establishment
hearing in any new dissolution, non-dissolution, or domestic violence case, when the
payment of support is ordered, the judge, child support hearing officer, attorneys, or court
staff, as appropriate, shall calculate the child support obligation, payment on arrears, and
total arrears owed so that these amounts will be known to the parties before they leave
court. When establishing arrears, findings shall be made on (1) any direct payments made
by the obligor to the obligee between the effective date of the order and the date of the
hearing, on a showing of credible proof, and (2) the amount and frequency of regular
payments to be made toward the arrears. The forms and procedures to implement the
provisions of this rule shall be prescribed by the Administrative Director of the Courts.

(d) Payments to the New Jersey Family Support Payment Center. All orders
which include payment of child support, or spousal support in conjunction with child
support on the same order, shall be entered onto the statewide automated child support
enforcement system, and presumptively deemed payable to the New Jersey Family
Support Payment Center, and supervised by the Probation Division, unless the court
orders otherwise, for good cause shown.

(e) 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 R. 5:7-4A.

(f) Electronic Signatures on Child Support Orders.

(1) An electronic signature is one gathered through the use of a computer
input device. An electronic signature is an acceptable alternative to a signature collected
through an ink pen on paper, and constitutes an original signature.

(2) The automated child support system provides a mechanism for collecting
electronic signatures of the parties, child support hearing officer, and judge of the Superior
Court on a computerized or digital version of the Uniform Summary Support Order
("USSO").

(3) When an electronic signature of a party or other non-judiciary personnel
is collected through the automated child support system, the signing individual must be
given notice at the time the signature is collected, preferably in writing, of the significance
of the requested signature.

Note: Source - R. (1969) 4:79-9(a). Adopted December 20, 1983, to be effective December 31, 1983;
amended November 2, 1987 to be effective January 1, 1988; amended January 5, 1988 to be effective February 1, 1988; amended June 29, 1990 to be effective September 4, 1990; caption and text amended October 5, 1993 to be effective October 13, 1993; caption amended, text amended and redesignated as paragraphs (a), (b), and (d), captions of paragraph (a) through (e) and text of paragraphs (c) and (e) adopted July 13, 1994 to be effective September 1, 1994; paragraph (d) amended March 15, 1996 to be effective immediately; paragraph (b) amended June 28, 1996 to be effective immediately; caption of paragraph (d) and text of paragraphs (d) and (e) amended May 25, 1999 to be effective July 1, 1999; paragraph (b) amended July 5, 2000 to be effective September 5, 2000; paragraph (b) amended July 12, 2002 to be effective September 3, 2002; paragraph (b) caption and text amended, new paragraph (c) adopted, former paragraph (c) redesignated as paragraph (d), former paragraph (d) amended (including incorporation of some text of former paragraph (e)) and redesignated as paragraph (e), and former paragraph (e) deleted July 28, 2004 to be effective September 1, 2004; new paragraph (c) adopted, and former paragraphs (c), (d), and (e) redesignated as paragraphs (d), (e), and (f) July 27, 2006 to be effective September 1, 2006; paragraph (f) amended June 15, 2007 to be effective September 1, 2007; paragraph (b) amended and new paragraph (g) adopted July 21, 2011 to be effective September 1, 2011; caption amended, paragraph (b) caption amended, paragraphs (d) and (e) amended, paragraph (f) deleted and redesignated as R. 5:7-4A(d),
and former paragraph (g) redesignated as paragraph (f) July 27, 2015 to be effective September 1, 2015.