N.J. Admin. Code § 10:110-4.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:110-4.1 - Custodial parents' rights

(a) The custodial parent shall be provided with easy access to an application for child support services, and once the case is established, timely and appropriate notice of any action that significantly impacts the status of his or her child support case.

(b) If support is collected during a quarter, the WFNJ/TANF custodial parent shall be provided with a quarterly notice of child support collected. The notice shall include:

1. The amount of current support collected;

2. The amount paid toward arrearages; and

3. The amount paid to the family.

(c) The custodial parent has the right to receive payments in a timely manner.

(d) The custodial parent shall be informed, in writing, that in the event of certain overpayments, the State may recoup the overpayment from the next or subsequent child support payment, or take incremental amounts from subsequent payments with the custodial parent's permission. This may occur when an overpayment is made as a misdirected payment or an erroneous payment based on a bad check, or the reversal of an electronic payment due to insufficient funds in the account of the non-custodial parent. At the time the custodial parent applies for child support services, the IV-D agency may request that the parent give written authorization for such recoupment. The applicant shall be informed that the consent is optional and that IV-D services are not conditioned based on consent to recoupment of overpayments from future collections. At the time an overpayment occurs, if the custodial parent did not consent to recoupment of overpayments at the time of application, the IV-D agency may send a letter to the custodial parent requesting permission to recoup the overpayment. Letters of request shall inform the custodial parent of a specified number of days to respond. After a third letter asking for permission is sent to a custodial parent, permission may be assumed when no response is received within the specified time period of that letter. The final letter shall state that if the parent does not respond within the specified period of time, permission to recoup the overpayment from subsequent child support payments will be assumed by default. Default consent is only valid for a particular overpayment occurrence and does not automatically authorize the IV-D agency to recoup for future overpayments.

(e) The custodial parent has the right to request a review of the support ordered amount every three years.

(f) The following information shall be made available through the New Jersey Child Support Hotline and/or New Jersey Child Support Website in accordance with 10:110-1.8(c) to authorized persons for authorized purposes of the Program:

1. The amount of current support collected;

2. The amount paid toward arrearages; and

3. The amount paid to the family.

(g) The custodial parent has the right to be notified of the OCSS' administrative complaint procedures, be provided with a copy of those procedures, and to request a review, in writing, about an action taken or lack of action taken on the case. Subsequent to any administrative complaint review that occurs, the custodial parent shall be notified of the results of, and action(s) taken, when there is evidence that there has been an error on the case.

(h) The custodial parent has the right to choose to have his or her child support payment directly deposited to his or her checking or savings account by choosing from the various electronic funds transfer processes offered through the Program for this purpose. However, the IV-D agency maintains the right to require receipt of collected support payments through electronic funds transfer.

N.J. Admin. Code § 10:110-4.1

Amended by R.2004 d.88, effective 3/1/2004.
See: 35 New Jersey Register 3042(a), 36 New Jersey Register 1207(a).
Rewrote (a); in (c), deleted "non-public assistance" preceding "custodial parent" in the introductory paragraph and deleted 1; added a new (d); added (e); recodified former (d) as (f) and rewrote the introductory paragraph; added (g) and (h).