Sunday, February 20, 2011

4.17 AFTER AN FRO HAS BEEN ENTERED NJ

4.17 AFTER AN FRO HAS BEEN ENTERED NJ

4.17.1 Where an FRO includes provisions for emergent monetary relief, monetary compensation, including child support or spousal support, custody, visitation (particularly supervised visitation), counseling or other evaluations, or where the order relates to third parties for whom addresses and other information are needed, or where intake monitoring is ordered, each party should be referred to the Family staff for their separate post-court interview. Care should be taken by staff that the parties have no contact during the interview process. Staff can facilitate any of these items, including the collection of the IV-D application, the initiation of Title IV-D procedures, where applicable, and can make other appropriate arrangements. Family staff can facilitate providing the defendant with a Child Support Probation Account

IV - 23Number for payments made to the New Jersey Family Support Payment Center (P.O. Box 4880, Trenton, NJ 08625-4880).

4.17.2 Professional domestic violence counseling for defendant should be considered whenever there has been a finding of domestic violence. Whenever possible, the order should also include provisions for monitoring or periodic court review.

4.17.3 OrdersforongoingsupportasaformofmonetarycompensationinaFROpursuant to N.J.S.A. 2C:25-29b(4) should be made payable to the New Jersey Family Support Payment Center (P.O. Box 4880, Trenton, NJ 08625-4880) and the order shall be enforced by the Probation Division in the county in which the order was entered. The probation division will use all enforcement mechanisms applicable to the case. Staff should ensure that the “family violence indicator” in ACSES is correctly coded.

When ongoing child support is entered, or paternity established, the court must enter the child support, medical support and paternity decisions on the IV-D Uniform Summary Support Order (USSO, Appendix 31), which shall be referenced in the FRO, using the same FV docket number. The USSO must indicate whether the child support obligation is based on the New Jersey Child Support Guidelines or if there was a deviation from the Guidelines.

4.17.4 Each county shall develop and implement procedures to monitor compliance with court ordered provisions, including counseling and evaluation.

4.18 SERVICE OF FRO

The defendant shall be personally served in court if present for the final hearing. If the defendant is not present, service shall be in accordance with the procedures set forth in the section entitled “Procedures for Service of Complaint/TRO/FRO.”

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