2A:4-30.96 Issuance of support order, temporary child support order.
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2A:4-30.96 Issuance of support order, temporary child support order.
32. a. If a support order entitled to recognition under this act has not been issued, a responding tribunal of this State may issue a support order if:
(1) the individual seeking the order resides in another state; or
(2) the support enforcement agency seeking the order is located in another state.
b. The tribunal may issue a temporary child support order if:
(1) the respondent has signed a verified statement acknowledging parentage;
(2) the respondent has been determined by or pursuant to law to be the parent; or
(3) there is other clear and convincing evidence that the respondent is the child's parent.
c. Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 17 of this act.
L.1998,c.2,s.32.
2A:4-30.97 Income-withholding order issued out-of-State sent to payor.
33. An income-withholding order issued in another state may be sent to the person or entity defined as the obligor's payor under P.L.1981, c.417 (C.2A:17-56.7 et al.), P.L.1985, c.278 (C.2A:17-56.16 et seq.) and P.L.1998, c.1 (C.2A:17-56.7a et al.) without first filing a complaint, petition or comparable pleading or registering the order with a tribunal of this State.
L.1998,c.2,s.33.
2A:4-30.98 Income-withholding order received by employer, compliance.
34. a. Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.
b. The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this State.
c. Except as otherwise provided in subsection d. of this section and section 35 of this act, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order, which specify:
(1) the duration and amount of periodic payments of current child support, stated as a sum certain;
(2) the person or agency designated to receive payments and the address to which the payments are to be forwarded;
(3) health care coverage, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;
(4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and
(5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
d. The employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:
(1) the employer's fee for processing an income-withholding obligation;
(2) the maximum amount permitted to be withheld from the obligor's income; and
(3) the time periods within which the employer must implement the withholding order and forward the child support payments.
L.1998,c.2,s.34.
32. a. If a support order entitled to recognition under this act has not been issued, a responding tribunal of this State may issue a support order if:
(1) the individual seeking the order resides in another state; or
(2) the support enforcement agency seeking the order is located in another state.
b. The tribunal may issue a temporary child support order if:
(1) the respondent has signed a verified statement acknowledging parentage;
(2) the respondent has been determined by or pursuant to law to be the parent; or
(3) there is other clear and convincing evidence that the respondent is the child's parent.
c. Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 17 of this act.
L.1998,c.2,s.32.
2A:4-30.97 Income-withholding order issued out-of-State sent to payor.
33. An income-withholding order issued in another state may be sent to the person or entity defined as the obligor's payor under P.L.1981, c.417 (C.2A:17-56.7 et al.), P.L.1985, c.278 (C.2A:17-56.16 et seq.) and P.L.1998, c.1 (C.2A:17-56.7a et al.) without first filing a complaint, petition or comparable pleading or registering the order with a tribunal of this State.
L.1998,c.2,s.33.
2A:4-30.98 Income-withholding order received by employer, compliance.
34. a. Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.
b. The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this State.
c. Except as otherwise provided in subsection d. of this section and section 35 of this act, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order, which specify:
(1) the duration and amount of periodic payments of current child support, stated as a sum certain;
(2) the person or agency designated to receive payments and the address to which the payments are to be forwarded;
(3) health care coverage, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;
(4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and
(5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
d. The employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:
(1) the employer's fee for processing an income-withholding obligation;
(2) the maximum amount permitted to be withheld from the obligor's income; and
(3) the time periods within which the employer must implement the withholding order and forward the child support payments.
L.1998,c.2,s.34.