Rule 5:7-4A. Income Withholding for Child Support; Notices
(a) 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 that
include child support 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:17-56.7a 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.
(b) Initiated Income Withholding. When any child support order, which is not
subject to immediate income withholding in accordance with paragraph (a), 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) entered prior to October 1, 1990, (b) entered or modified after
October 1, 1990 that 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 child support order 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, which 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 (a) 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.
(c) 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 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.A.
§ 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.
(d) All Notices Applicable to All Orders and Judgments That Include Child
Support Provisions. The judgment or order shall include notices stating: (1) 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) any payment or installment of an order for child support or those
portions of an order that 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 against the
obligor on or after the date it is due; before entry of a warrant of satisfaction of the child
support judgment, any party to whom the child support is owed has the right to request
assessment of post-judgment interest on child support judgments; (3) 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) 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: (i) a child support arrearage accumulates that is equal to or exceeds the
amount of child support payable for six months, or (ii) the obligor fails to provide health
care coverage for the child as ordered by the court within six months, or (iii) 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) the driver's license held or applied
for by the obligor may be denied, suspended, or revoked if (i) a child support arrearage
accumulates that is equal to or exceeds the amount of child support payable for six
months, or (ii) the obligor fails to provide health care coverage for the child as ordered by
the court within six months; (6) 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; (7) 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; (8) 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; (9) 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; (10) Social Security numbers are collected and used in
accordance with section 205 of the Social Security Act (42 U.S.C.A. § 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.A. § 651 et seq.); and (11) after a judgment or order is
entered and a probation support account has been established, the obligee and the obligor
shall notify the appropriate Probation Division of any change of employer, health insurance
provider, or address and the obligee and obligor 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 ten days of the change, and any judgment or order that includes
alimony, maintenance, or child support shall so provide. Failure to provide information as
to change of employer, health insurance provider, address, or status of the children shall
be considered a violation of the order.
Note: Former R. 5:7-5(b) redesignated as R. 5:7-4A(a), former R. 5:7-5(c) redesignated as R. 5:7-4A(b), former R. 5:7-5(d) redesignated as R. 5:7-4A(c), former R. 5:7-4(f) redesignated as R. 5:7-4A(d) July 27, 2015 to be effective September 1, 2015; subparagraph (a)(3) amended July 28, 2017 to be effective September 1, 2017.
(a) 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 that
include child support 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:17-56.7a 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.
(b) Initiated Income Withholding. When any child support order, which is not
subject to immediate income withholding in accordance with paragraph (a), 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) entered prior to October 1, 1990, (b) entered or modified after
October 1, 1990 that 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 child support order 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, which 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 (a) 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.
(c) 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 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.A.
§ 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.
(d) All Notices Applicable to All Orders and Judgments That Include Child
Support Provisions. The judgment or order shall include notices stating: (1) 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) any payment or installment of an order for child support or those
portions of an order that 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 against the
obligor on or after the date it is due; before entry of a warrant of satisfaction of the child
support judgment, any party to whom the child support is owed has the right to request
assessment of post-judgment interest on child support judgments; (3) 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) 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: (i) a child support arrearage accumulates that is equal to or exceeds the
amount of child support payable for six months, or (ii) the obligor fails to provide health
care coverage for the child as ordered by the court within six months, or (iii) 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) the driver's license held or applied
for by the obligor may be denied, suspended, or revoked if (i) a child support arrearage
accumulates that is equal to or exceeds the amount of child support payable for six
months, or (ii) the obligor fails to provide health care coverage for the child as ordered by
the court within six months; (6) 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; (7) 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; (8) 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; (9) 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; (10) Social Security numbers are collected and used in
accordance with section 205 of the Social Security Act (42 U.S.C.A. § 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.A. § 651 et seq.); and (11) after a judgment or order is
entered and a probation support account has been established, the obligee and the obligor
shall notify the appropriate Probation Division of any change of employer, health insurance
provider, or address and the obligee and obligor 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 ten days of the change, and any judgment or order that includes
alimony, maintenance, or child support shall so provide. Failure to provide information as
to change of employer, health insurance provider, address, or status of the children shall
be considered a violation of the order.
Note: Former R. 5:7-5(b) redesignated as R. 5:7-4A(a), former R. 5:7-5(c) redesignated as R. 5:7-4A(b), former R. 5:7-5(d) redesignated as R. 5:7-4A(c), former R. 5:7-4(f) redesignated as R. 5:7-4A(d) July 27, 2015 to be effective September 1, 2015; subparagraph (a)(3) amended July 28, 2017 to be effective September 1, 2017.
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