R. 5:7-10. — Suspension of Child Support Orders

a. Applicability. This rule is applicable to all orders and judgments that include child support provisions.

b. Definitions. (1) “Suspension of judicial enforcement” means that no bench warrant will issue, the case will not be listed for enforcement action, and no relief to litigant proceedings will be instituted by the Probation Division for the child support provision of an order until further order of the court. (2) “Suspension of administrative enforcement” means that no automatic judgment shall be entered, and no state tax return, federal tax return, Financial Institution Data Match, lottery winnings or Child Support Network shall be subject to offset or interception by the state IV-D agency or its designee until further order of the court. (3) “Suspension of all obligations” means the temporary suspension of all support provisions of an existing support order, including the charging and enforcement of current support and enforcement of past due obligations, until further order of the court. (4) “Suspension of current obligation only” means the temporary suspension of the current support obligation only but allowing enforcement of past due obligations to continue until further order of the court. The circumstances that warrant the suspension of child support obligations generally involve uncertainty about a fact necessary for modifying an existing child support award, such as an incarcerated parent’s ability to repay arrears upon release, custody disputes, overpayments, arrears disputes, applications for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), and misrepresentation or material mistake of fact.

c. Scope.

1. Discretionary Temporary Suspension of Enforcement, Remedies, Obligations. Except as provided by law and these Rules, the trial court, in its discretion, may enter an order: (i) temporarily suspending judicial enforcement or administrative enforcement of an existing child support provision in an order; (ii) temporarily suspending specifically identified judicial or administrative enforcement remedies in an existing child support provision of an order; (iii) temporarily suspending all obligations; or

(iv) temporarily suspending the current support obligation only.

2. Passports. Child support related restrictions, or the lifting of such restrictions, on passports are administrative remedies under the exclusive jurisdiction of the federal government. (i) Cases that meet the federally established criteria for the child support related denial, suspension, or revocation of a passport shall be submitted by the state IV-D agency or its designee to the Secretary of the U.S. Department of Health and Human Services; (ii) Notice to the obligor of the intent to deny, suspend, or revoke a passport that includes instructions regarding the obligor’s right to contest the passport restriction shall be provided by the state IV-D agency or its designee; (iii) Requests to contest the passport restriction are handled by the state IV-D agency or its designee in concert with the federal government; (iv) Motions or applications for the denial or reinstatement of passport privileges as a child support enforcement remedy shall be denied and the obligor directed to pursue administrative remedies through the state IV-D agency or its designee.

3. Credit Bureau Reporting. The reporting of child support arrears to credit bureaus is an enforcement remedy administered by the state IV-D agency or its designee on cases that meet the state-established eligibility criteria for such reporting. (i) Notice to the obligor of the intent to report child support arrears to credit bureaus that includes instructions regarding the obligor’s right to contest the reporting, shall be provided by the IV-D agency or its designee; (ii) Requests to contest the credit bureau reporting are handled by the state IV-D agency or its designee in concert with the Probation Division; (iii) Motions or applications for the exemption or deletion of credit bureau reporting due to child support arrears as a child support enforcement remedy shall be denied and the obligor directed to pursue his or her administrative remedies through the IV-D agency or its designee.

d. Review.

1. A child support case under the supervision of the Probation Division with an order that contains a suspension of enforcement provision shall be reviewed by Probation every 90 days.

2. If there has been no activity on the case during the period of suspension, the Probation Division shall list the case for a hearing, as appropriate, unless the court directs otherwise.