Get Divorced and move on plus Domestic Violence cases: FAMILY PRACTICE COMMITTEE 2009-2011 FINAL REPORT

FAMILY PRACTICE COMMITTEE

2009-2011 FINAL REPORT

January 20, 2011

Supreme Court Family Practice Committee

2009‐2011 Final Report

Table of Contents

I. Introduction........................................................................................................... 1

II. Proposed Rule Amendments for Adoption......................................................... 2

A. Proposed Amendments to R. 1:1-2 (Construction and Relaxation;

References to Marriage, Spouse and Related Terms), R. 5:1-4

(Differentiated Case Management in Civil Family Actions), R. 5:2-1

(Venue, Where Laid), R. 5:5-1 (Discovery), R. 5:5-2 (Family Case

Information Statement), R. 5:5-6 (Participation in Mandatory Post-ESP

Mediation or in a Mandatory Post-ESP Complementary Dispute

Resolution Event), R. 5:5-9 (Procedures Concerning the Entry of Certain

Final Judgments of Divorce, Dissolutions of Civil Unions, and

Terminations of Domestic Partnerships), R. 5:6-7 (Separate maintenance),

R. 5:7 (DIVORCE, DISSOLUTION OF CIVIL UNION, TERMINATION

OF DOMESTIC PARTNERSHIP, NULLITY, SEPARATE

MAINTENANCE), R. 5:7-1 (Venue), R. 5:7-3 (Corroboration), R. 5:7-7

(Delay in Prosecution: Order to Proceed), R. 5:7-8 (Bifurcation), R. 5:7-9

(Affidavit or Certification of Non-Military Service), R. 5:8B

(Appointment Of Guardian Ad Litem), R. 5:9-1 (Venue) and R. 5:10-3

(Contents of Complaint) ............................................................................. 2

􀂃 Amendments to Part V Rules of Court pursuant to The Civil

Union Statute and The Domestic Partnership Act, P.L.2006, c.1032

R. 1:1-2 ....................................................................................................... 3

R. 5:1-4 ....................................................................................................... 4

R. 5:2-1 ....................................................................................................... 5

R. 5:5-1 ....................................................................................................... 7

R. 5:5-2 ....................................................................................................... 8

R. 5:5-6 ..................................................................................................... 10

R. 5:5-9 ..................................................................................................... 12

R. 5:6-7 ..................................................................................................... 13

RULE 5:7. Divorce, Dissolution of Civil Union, Termination of Domestic

Partnership, Nullity, Separate Maintenance.............................................. 14

R. 5:7-1 ..................................................................................................... 14

R. 5:7-3 ..................................................................................................... 15

R. 5:7-7 ..................................................................................................... 16

R. 5:7-8 ..................................................................................................... 17

R. 5:7-9 ..................................................................................................... 18

R. 5:8B ...................................................................................................... 19

R. 5:9-1 ..................................................................................................... 20

R. 5:10-3 ................................................................................................... 21

B. Proposed Amendment to Appendix V - Family case information statement

................................................................................................................... 23

􀂃 Amendment to Family case information statement pursuant to

The Civil Union Statute and The Domestic Partnership Act,

P.L.2006, c.103 ............................................................................. 23

C. Proposed Amendment to R. 1:5-6 - Filing................................................ 24

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􀂃 Affidavit of verification and non-collusion ............................ 24

R. 1:5-6 ..................................................................................................... 25

D. Proposed Amendment to R. 4:101-1(b) - Abstracts to be entered ........... 27

􀂃 Replacing references to ACSES with generic "child support

enforcement system" in R. 4:101-1(b).......................................... 27

R. 4:101-1 ................................................................................................. 28

E. Proposed Amendment to R. 5:3-3 - Appointment of experts ................... 29

􀂃 Amending R. 5:3-3(b) to permit audio and video recording of

expert evaluations ......................................................................... 29

􀂃 Timetable for Retention of Private Experts pursuant to R. 5:3-

3(h)................................................................................................ 31

R. 5:3-3 ..................................................................................................... 32

F. Proposed Amendment to R. 5:3-5 - Attorney Fees and Retainer

Agreements in Civil Family Actions; Withdrawal ................................... 34

􀂃 Amendments to Part V Rules of Court pursuant to The Civil

Union Statute and The Domestic Partnership Act, P.L.2006, c.103

................................................................................................. 34

􀂃 Attaching moving attorney's retainer agreement in motion for

attorney's fees ............................................................................... 34

R. 5:3-5 ..................................................................................................... 35

G. Proposed Amendment to R. 5:3-7 - Additional Remedies on Violation of

Orders Relating to Parenting Time, Alimony, Support or Domestic

Violence Restraining Orders..................................................................... 38

􀂃 Enforcement of Relief under Part II of a Final Restraining

Order ............................................................................................. 38

􀂃 Technical amendment to R. 5:3-7(a)....................................... 40

R. 5:3-7 ..................................................................................................... 41

H. Proposed Amendment to R. 5:4-2 - Complaint ........................................ 43

􀂃 Amendments to Part V Rules of Court pursuant to The Civil

Union Statute and The Domestic Partnership Act, P.L.2006, c.103

................................................................................................. 43

􀂃 Deletion of certain forms from the Appendix of the Rules of

Court so that they may be promulgated by the Administrative

Director of the Courts ................................................................... 43

R. 5:4-2 ..................................................................................................... 44

Appendix XXIV - Confidential Litigant Information Sheet..................... 47

I. Proposed Amendment to R. 5:4-4 - Service of process in Family Part

summary actions; Initial complaints and applications for post-dispositional

relief .......................................................................................................... 48

􀂃 Recommendation to standardize non-dissolution practice and

post-disposition practice in all Family Part summary actions ...... 48

R. 5:4-4 ..................................................................................................... 52

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iii

J. Proposed Amendment to R. 5:5-3 - Financial statement in summary

support actions .......................................................................................... 57

􀂃 Amendments to Part V Rules of Court pursuant to The Civil

Union Statute and The Domestic Partnership Act, P.L.2006, c.103

................................................................................................. 57

􀂃 Deletion of forms to be promulgated by the Administrative

Director of the Courts ................................................................... 57

R. 5:5-3 ..................................................................................................... 58

Appendix XIV - Financial Statement for Summary Support Actions ...... 59

K. Proposed Amendment to R. 5:6-6 - Modification of Title IV-D child

support orders ........................................................................................... 60

􀂃 Probation initiated status reviews of support orders ............... 60

R. 5:6-6 ..................................................................................................... 61

L. Proposed Amendment to R. 5:7-2 - Application pendente lite................. 62

􀂃 Practice regarding pendente lite applications.......................... 62

R. 5:7-2 ..................................................................................................... 63

M. Proposed Amendment to R. 5:7-4 - Alimony and child support payments

................................................................................................................... 64

􀂃 Permitting electronic signatures for orders and complaints in

new paragraph (g) of R. 5:7-4....................................................... 64

􀂃 Replacing references to ACSES with generic "child support

enforcement system" in R. 5:7-4(b).............................................. 64

􀂃 Amendment to R. 5:7-4(b) to ensure that enforcement of child

support cases follows county of venue ......................................... 65

􀂃 Deletion of forms to be promulgated by the Administrative

Director of the Courts ................................................................... 66

􀂃 Technical amendment to Uniform Summary Support Order

(USSO) - Add "Civil Action" to caption to conform to R. 1:4-1(a)

................................................................................................. 66

R. 5:7-4 ..................................................................................................... 68

Appendix XVI - Uniform Summary Support Order ................................. 71

Appendix XVII - Temporary Support Order ............................................ 72

N. Proposed Amendment to R. 5:7A - Domestic violence: Restraining orders

................................................................................................................... 73

􀂃 Determine whether confirming paper order for e-TROs are

required since the implementation of the netbooks for municipal

court judges................................................................................... 73

R. 5:7A...................................................................................................... 74

O. Proposed Amendments to R. 5:8-2 (Direction for Periodic Reports) and -4

(Filing of Report) ..................................................................................... 76

􀂃 Delete References to Chief Probation Officer and Probation

Office in Rules 5:8-2 and -4.......................................................... 76

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R. 5:8-2 ..................................................................................................... 77

R. 5:8-4 ..................................................................................................... 78

III. Issues Considered Without Recommendation.................................................. 79

A. Impact on the administration Family Part cases as a result of a change in

mail delivery ............................................................................................ 79

B. Venue for Family arbitrations................................................................... 80

C. Agreements and scripts for use when the court appoints a parenting

coordinator ................................................................................................ 81

D. Unavailability of the child support guidelines software to private litigants

................................................................................................................... 82

E. Filing a child support judgment and credit report immediately upon

establishment of a support case................................................................. 83

F. Permitting the Probation Division to continue administrative enforcement

of child support when a judicial order suspends enforcement.................. 84

G. Other Issues relating to civil unions.......................................................... 85

􀂃 Procedures relating to parentage, other states and federal

actions ........................................................................................... 85

􀂃 Irreconcilable differences cause of action in dissolution of civil

unions............................................................................................ 85

􀂃 Personal jurisdiction to dissolve a civil union ........................ 85

􀂃 Whether R. 5:14 (Proceedings to determine parent-child

rlationship) should be gender-neutral ........................................... 86

􀂃 Reverting to a prior name when a civil union is dissolved ..... 86

􀂃 Name change of person when entering into a civil union....... 86

H. Motion timeframes....................................................................................87

􀂃 Impact of motion timeframes on filing an update Family case

information statement ................................................................... 87

􀂃 Motion time frames and page limits ....................................... 87

I. Default Judgment ......................................................................................88

J. Venue for irreconcilable differences cause of action................................ 89

K. Procedures for mediators to obtain compensation .................................... 90

L. Family case information statement - Requirement for more detail in the

Statement of Assets and Liabilities........................................................... 91

M. Counsel fees for appellate practice ........................................................... 92

IV. Other Recommendations.................................................................................... 93

A. Parenting Coordinator Pilot Program evaluation ..................................... 93

Discussion................................................................................................. 93

􀂃 Background ............................................................................. 93

􀂃 Parenting Coordination in New Jersey and Around the Country

................................................................................................. 94

􀂃 New Jersey History ................................................................. 94

􀂃 Elsewhere................................................................................ 96

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Concerns, Conclusions and Recommendations ........................................ 97

B. Form agreements and scripts for use when parties seek to arbitrate family

law matters .............................................................................................. 102

Discussion............................................................................................... 102

􀂃 Arbitration Consent Orders................................................... 102

􀂃 Script used when parties seek to arbitrate pursuant to Fawzy v.

Fawzy.......................................................................................... 103

Recommendation .................................................................................... 104

C. Unintended enforcement of support orders against third parties ............ 106

Discussion............................................................................................... 106

Recommendation .................................................................................... 107

D. Tentative Decisions.................................................................................108

Discussion............................................................................................... 108

Recommendation .................................................................................... 108

V. Matters Held for Consideration ...................................................................... 109

A. Signature of litigant on Uniform Summary Support Order (USSO) and

Notice regarding immediate appeal of a child support hearing officer

recommendation...................................................................................... 109

B. Child Support federal quadrennial review -- issues requiring expert

opinion .................................................................................................... 110

􀂃 Quadrennial review: Preliminary Report .............................. 110

􀂃 Social security disability derivative child benefits ............... 113

􀂃 Calculation of overnight adjustments and joint custody....... 114

􀂃 Health care insurance cost for parents with means tested

income......................................................................................... 114

Conclusion and Recommendation .......................................................... 114

C. Requirement to file an application for Title IV-D services when child

support is sought and payable through the Probation Division ............. 116

D. Clarification of R. 5:7-5(b) regarding whether child support is presumed to

be paid through the Probation Division or Family Support Payment Center

(NJFSPC) ............................................................................................... 118

E. Restructuring of the Part V Rules .......................................................... 120

F. Family case information statement ......................................................... 121

􀂃 Clarification on when to file the CIS and when to apply for

counsel fees................................................................................. 121

􀂃 Certification as to redaction of confidential personal identifiers

............................................................................................... 121

Committee Members and Staff.................................................................................... 122

List of Attachments....................................................................................................... 123

Supreme Court Family Practice Committee

2009‐2011 Final Report

I. Introduction

The Supreme Court Family Practice Committee ("Practice Committee") recommends that

the Supreme Court adopt the proposed rule amendments contained in this report. Also in this

report, the Practice Committee reviewed other issues, some requiring no rule changes and some

where the Practice Committee makes non-rule recommendations.

Where rule changes are proposed, deleted text is bracketed [as such], and added text is

underlined as such. No change to a paragraph of the rule is indicated by ". . . no change."

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2009‐2011 Final Report

II. Proposed Rule Amendments for Adoption

A. Proposed Amendments to R. 1:1-2 (Construction and Relaxation;

References to Marriage, Spouse and Related Terms), R. 5:1-4

(Differentiated Case Management in Civil Family Actions), R. 5:2-1

(Venue, Where Laid), R. 5:5-1 (Discovery), R. 5:5-2 (Family Case

Information Statement), R. 5:5-6 (Participation in Mandatory Post-

ESP Mediation or in a Mandatory Post-ESP Complementary Dispute

Resolution Event), R. 5:5-9 (Procedures Concerning the Entry of

Certain Final Judgments of Divorce, Dissolutions of Civil Unions,

and Terminations of Domestic Partnerships), R. 5:6-7 (Separate

maintenance), R. 5:7 (DIVORCE, DISSOLUTION OF CIVIL UNION,

TERMINATION OF DOMESTIC PARTNERSHIP, NULLITY, SEPARATE

MAINTENANCE), R. 5:7-1 (Venue), R. 5:7-3 (Corroboration), R. 5:7-7

(Delay in Prosecution: Order to Proceed), R. 5:7-8 (Bifurcation), R.

5:7-9 (Affidavit or Certification of Non-Military Service), R. 5:8B

(Appointment Of Guardian Ad Litem), R. 5:9-1 (Venue) and R. 5:10-3

(Contents of Complaint)

􀂃 Amendments to Part V Rules of Court pursuant to The Civil Union Statute and The

Domestic Partnership Act, P.L.2006, c.103

This issue and others relating to the enactment of The Civil Union Statute and The

Domestic Partnership Act were referred to the Practice Committee for consideration. The

Practice Committee reviewed Part V of the court rules in their entirety for purposes of

determining what rule changes would be appropriate. The proposed amendments in this section

of the report are technical changes.

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R. 1:1-2

1:1-2. Construction and Relaxation; References to Marriage, Spouse and Related Terms

(a) … no change.

(b) As used in Part I through Part VIII of these rules and appendices, references to

"marriage," "husband," "wife," "spouse," "family," "immediate family," "dependent," "next of

kin," "widow," "widower," "widowed," or another word that in a specific context denotes a

marital or spousal relationship shall include a civil union, as established by N.J.S.A. 37:1-28 to -

36, and a [registered] domestic partnership, as established by N.J.S.A. 26:8A-1 to -13, and the

persons in those relationships.

Note: Source -- R.R. 1:27A, 3:1-2, 3:11-9, 4:1-2, 4:121, 6:1-1 (second sentence), 6:1-2,

8:1-2. Amended June 20, 1979 to be effective July 1, 1979; amended July 5, 2000 to be effective

September 5, 2000; caption amended, former text designated as paragraph (a), and new

paragraph (b) adopted July 16, 2009 to be effective September 1, 2009; paragraph (b) amended

_____________ to be effective _________________.

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R. 5:1-4

5:1-4. Differentiated Case Management in Civil Family Actions

(a) Case Management Tracks; Standards for Assignment. Except for summary actions,

every civil family action shall be assigned, subject to reassignment as provided by paragraph (c)

of this rule, to one of the following tracks as follows:

(1) … no change.

(2) … no change.

(3) Expedited Track. The action shall be assigned to the expedited track if it

appears that it can be promptly tried with minimal pretrial proceedings, including discovery.

Subject to re-assignment as provided by paragraph (c) of this rule, a dissolution action shall be

assigned to the expedited track if (A) there is no dispute as to either the income of the parties or

the identifiable value of the marital assets and no issue of custody or parenting time has been

raised; (B) the parties have [been married] a marital, domestic partnership or civil union

relationship for less than five years and have no children; (C) the parties have entered into a

property settlement agreement; or (D) the action is uncontested.

(4) … no change.

(b) . . . no change.

Note: Adopted January 21, 1999 to be effective April 5, 1999; paragraph (b) amended

August 1, 2006 to be effective September 1, 2006; subparagraph (a)(3) amended

_______________ to be effective ______________________.

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R. 5:2-1

5:2-1. Venue, Where Laid

Venue in family actions shall be laid in accordance with the applicable provisions of R.

3:14-1 and R. 4:3-2 except as follows:

(a)

(1) In actions primarily involving the support or parentage of a child (except

actions in which the issue of support of a child is joined with claims for divorce, dissolution of

civil union, termination of domestic partnership, or nullity) venue shall be laid, pursuant to the

Uniform Interstate Family Support Act (UIFSA), in the county of New Jersey in which the child

is domiciled, if New Jersey is determined to be the child's home state, as defined under N.J.S.A.

2A:4-30.65.

(2) … no change.

(3) … no change.

(4) … no change.

(5) … no change.

(b)

(1) In actions involving the welfare, custody, protection and status of a child

(except actions in which the issues of welfare, custody, protection and status of a child are joined

with claims for divorce, dissolution of civil union, termination of domestic partnership, or

nullity), venue shall be laid, pursuant to the Uniform Child Custody Jurisdiction and

Enforcement Act (UCCJEA), in the county of New Jersey in which the child was last domiciled

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if New Jersey is determined to be the child's home state, as defined under N.J.S.A. 2A:34-54,

and pursuant to N.J.S.A. 2A:34-65.

(2) … no change.

actions, venue shall be laid in accordance with R. 5:7-1.

(d) … no change.

(e) … no change.

(f) … no change.

(g) … no change.

Note: Source-new. Adopted December 20, 1983, to be effective December 31, 1983;

paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraph (a)

amended July 5, 2000 to be effective September 5, 2000; new paragraph (f) added June 15, 2007

to be effective September 1, 2007; paragraph (a) amended and text reallocated as paragraphs (a)

and (b), paragraphs (b), (c), (d), (e), and (f) reallocated as paragraphs (c), (d), (e), (f), and (g)

July 16, 2009 to be effective September 1, 2009; subparagraphs (a)(1), (b)(1) and paragraph (c)

amended _____________ to be effective _________________.

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R. 5:5-1

5:5-1. Discovery

Except for summary actions and except as otherwise provided by law or rule, discovery

in civil family actions shall be permitted as follows:

(a) … no change.

(b) … no change.

including parties or experts, as of course may be taken pursuant to R. 4:11 et seq. and R. 4:10-

2(d)(2) as to all matters except those relating to the elements that constitute grounds for divorce,

dissolution of civil union, or termination of domestic partnership.

(d) … no change.

(e) … no change.

Note: Source-R. (1969) 4:79-5. Adopted December 20, 1983, to be effective December

31, 1983; paragraph (b) amended January 10, 1984, to be effective April 1, 1984; paragraphs (c)

and (d) amended November 1, 1985 to be effective January 2, 1986; paragraph (d) amended

November 7, 1988 to be effective January 2, 1989; paragraph (c) amended July 14, 1992 to be

effective September 1, 1992; paragraph (e) added January 21, 1999 to be effective April 5, 1999;

paragraph (c) amended _____________ to be effective ____________________.

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R. 5:5-2

5:5-2. Family Case Information Statement

(a) … no change.

(b) … no change.

(d) … no change.

(e) Marital, Civil Union or Domestic Partnership Standard of Living Declaration. In any

matter in which an agreement or settlement contains an award of alimony, (1) the parties shall

include a declaration that the marital, Civil Union or Domestic Partnership standard of living is

satisfied by the agreement or settlement; or (2) the parties shall by stipulation define the marital,

Civil Union or Domestic Partnership standard of living; or (3) the parties shall preserve copies of

their respective filed Family Case Information Statements until such time as alimony is

terminated; or (4) any party who has not filed a Family Case Information Statement shall prepare

Part D ("Monthly Expenses") of the Family Case Information Statement form serving a copy

thereof on the other party and preserving that completed Part D until such time as alimony is

terminated.

(f) … no change.

Note: Source -- R. (1969) 4:79-2. Adopted December 20, 1983, to be effective December

31, 1983; amended January 10, 1984, to be effective April 1, 1984; paragraphs (b) and (e)

amended November 5, 1986 to be effective January 1, 1987; paragraphs (b) and (e) amended

November 2, 1987 to be effective January 1, 1988; paragraphs (a) and (e) amended November 7,

1988 to be effective January 2, 1989; paragraph (e) amended July 13, 1994 to be effective

September 1, 1994; paragraph (b) amended January 21, 1999 to be effective April 5, 1999;

paragraph (e) amended July 12, 2002 to be effective September 3, 2002; caption amended and

new paragraph (f) adopted July 27, 2006 to be effective September 1, 2006; paragraph (c)

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amended, former paragraph (e) deleted and redesignated as new Rule 5:5-10, and former

paragraph (f) redesignated as paragraph (e) June 15, 2007 to be effective September 1, 2007;

new paragraph (f) adopted July 16, 2009 to be effective September 1, 2009; paragraph (e)

caption amended and paragraph (e) amended ___________ to be effective

___________________.

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R. 5:5-6

5:5-6. Participation in Mandatory Post-[M]ESP Mediation or in a Mandatory Post-[M]ESP

Complementary Dispute Resolution Event

(a) Mandatory Post-[M]ESP Events. Each vicinage shall establish a program for the post-

Early Settlement Program ("[Matrimonial] ESP") mediation of the economic aspects of a

divorce, dissolution of a civil union or termination of a domestic partnership, consistent with the

procedures set forth in these Rules. In any matter in which a settlement is not achieved at the

time of the [M]ESP, an order for mediation or other post-[M]ESP Complementary Dispute

Resolution ("CDR") event shall be entered. The order shall provide that the litigants may select a

mediator from the statewide-approved list of mediators or select an individual to conduct a post-

[M]ESP CDR event. Litigants shall be permitted to select another individual who will conduct a

post-[M]ESP mediation event, provided such selection is made within seven days.

(b) Mandatory Two Hour Minimum Participation. Unless good cause is shown why a

particular matter should not be referred to this post-[M]ESP program, litigants shall be required

to participate in the program for no more than two hours, consisting of one hour of preparation

time by the mediator or other individual conducting the alternate CDR event and one hour of

time for the mediation or other CDR event. The litigants will not be charged a fee for the

mandatory first two hours of mediation. Participation after the first two hours shall be voluntary.

mediation process, the Economic Mediation Referral Order will determine the distribution of

costs for each party for the additional hours. If the litigants choose to participate in an alternate

post-[M]ESP CDR event, the fee shall be set by the individual conducting the session. The

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litigants shall share the cost equally unless otherwise determined by the court. The litigants are

required to participate in at least one session of such alternate post-[M]ESP CDR event.

Note: Adopted July 27, 2006 to be effective September 1, 2006; former text amended and

allocated into paragraphs (a) and (b), captions to paragraphs (a) and (b) adopted, and new

paragraph (c) caption and text adopted July 16, 2009 to be effective September 1, 2009; caption

amended, paragraph (a) caption amended and paragraphs (a), (b) and (c) amended

____________ to be effective ______________.

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R. 5:5-9

5:5-9. Procedures Concerning the Entry of Certain Final Judgments of Divorce, Dissolutions of

Civil Unions, and Terminations of Domestic Partnerships

When a settlement is placed on the record and a judgment [of divorce] is entered orally, a

contemporaneous written final judgment shall be entered either in the form set forth in Appendix

XXV of these rules or in a form as consented to by the parties. If the final judgment [of divorce]

that is entered is in the form set forth in Appendix XXV, the parties within ten days of such entry

may submit to the court a proposed amended form of final judgment [of divorce] setting forth the

terms of the settlement or specifically incorporating the parties' written property settlement

agreement. The court in its discretion may relax the ten-day limit.

Note: Adopted July 27, 2006 to be effective September 1, 2006; caption amended and

text amended _____________ to be effective ____________________.

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R. 5:6-7

5:6-7. Separate maintenance

An action for separate maintenance pursuant to N.J.S.A. 2A:34-24 shall be brought as a

summary action unless designated as non-summary in nature by the Family Part Presiding Judge.

When the response to the original Complaint for Separate Maintenance contains a counterclaim

for divorce, dissolution of civil union or termination of domestic partnership, the action shall

immediately be transferred to the dissolution (FM) docket without the need for a formal motion.

Note: Adopted July 28, 2004 to be effective September 1, 2004; amended __________ to

be effective _________________.

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RULE 5:7. Divorce, Dissolution of Civil Union, Termination of Domestic

Partnership, Nullity, Separate Maintenance

Note: Caption amended ______________ to be effective _________________.

R. 5:7-1

5:7-1. Venue

Except as otherwise provided by law, venue in actions for divorce, dissolution of civil

union or termination of domestic partnership, nullity and separate maintenance shall be laid in

the county in which plaintiff was domiciled when the cause of action arose, or if plaintiff was not

then domiciled in this State, then in the county in which defendant was domiciled when the cause

of action arose; or if neither party was domiciled in this State when the cause of action arose,

then in the county in which the plaintiff is domiciled when the action is commenced, or if

plaintiff is not domiciled in this State, then in the county where defendant is domiciled when

service of process is made. For purposes of this rule, in actions brought under N.J.S.A. 2A:34-

2(c), the cause of action shall be deemed to have arisen three months after the last act of cruelty

complained of in the Complaint. For the purposes of this rule, in actions brought under N.J.S.A.

26:8A-10 for termination of a domestic partnership in which both parties are non-residents,

venue shall be laid the county in which the Certificate of Domestic Partnership is filed.

Note: Source-R. (1969) 4:76. Adopted December 20, 1983, to be effective December 31,

1983; amended January 10, 1984, to be effective immediately; amended July 14, 1992 to be

effective September 1, 1992; amended July 13, 1994 to be effective September 1, 1994; amended

___________________ to be effective ________________.

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R. 5:7-3

5:7-3. Corroboration

All elements of a claim for divorce, dissolution of civil union, termination of domestic

partnership or nullity may be proved without corroboration.

Note: Source-R. (1969) 4:79-7. Adopted December 20, 1983, to be effective December

31, 1983; amended ___________________ to be effective ________________.

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R. 5:7-7

5:7-7. Delay in prosecution: order to proceed

In divorce, dissolution of civil union, termination of domestic partnership, and nullity

actions, a party either resisting an order of dismissal pursuant to R. 1:13-7 or seeking an order to

proceed after such dismissal shall file an affidavit stating the reason for the delay, the relations of

the parties toward each other since the commencement of the action, and any agreements or

understandings between them.

Note: Source-R. (1969) 4:79-10. Adopted December 20, 1983, to be effective December

31, 1983; amended _______________ to be effective ________________.

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R. 5:7-8

5:7-8. Bifurcation

Bifurcation of trial of the [marital dissolution] divorce, dissolution of civil union,

termination of domestic partnership or custody dispute from trial of disputes over support and

equitable distribution shall be permitted only with the approval of the Family Presiding Judge,

which approval shall be granted only in extraordinary circumstances and for good cause shown.

Note: Adopted January 21, 1999 to be effective April 5, 1999; amended

_______________ to be effective ________________.

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R. 5:7-9

5:7-9. Affidavit or Certification of Non-Military Service

In every action and proceeding for divorce, dissolution of civil union, termination of

domestic partnership, nullity, separate maintenance, or child support, no order shall be entered

by default unless an affidavit or certification of non-military service is provided to the court, as

provided in R. 1:5-7.

Note: Adopted June 15, 2007 to be effective September 1, 2007; amended

_______________ to be effective ________________.

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R. 5:8B

5:8B. Appointment of guardian ad litem

(a) … no change.

(b) … no change.

pending before the court and shall end on the entry of a Judgment of Divorce, dissolution of a

civil union or termination of a domestic partnership or an Order terminating the application for

which the appointment was made, unless continued by the court. The guardian ad litem shall

have no obligation to file a notice of appeal from a Judgment or Order nor to participate in an

appeal filed by a party.

(d) … no change.

Note: Adopted November 6, 1989, to be effective January 2, 1990; paragraph (a)

amended July 5, 2000 to be effective September 5, 2000; paragraph (c) amended ____________

to be effective __________________.

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R. 5:9-1

5:9-1. Venue

An action by an approved agency for the termination of parental rights to a child shall be

brought and venue shall be laid in the county in which the plaintiff has its principal office in New

Jersey, except that if a parent of the child was granted a divorce, dissolution of a civil union or

termination of a domestic partnership from the other parent by a judgment of the Superior Court

or if there has been a prior proceeding or order in the Superior Court affecting the custody of the

child and such court shall not previously have awarded custody of the child to an approved

agency, the action shall be instituted in the Superior Court and the venue shall be laid in the same

county in which the venue in such divorce, dissolution or termination action was laid.

Note: Source-R. (1969) 4:93-1(a). Adopted December 20, 1983, to be effective

December 31, 1983; amended _______________ to be effective _________________.

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R. 5:10-3

5:10-3. Contents of complaint

The complaint shall state:

(a) … no change.

(b) The name, age and citizenship of the spouse, civil union partner or domestic partner

of the plaintiff (if such [spouse] person is not also a plaintiff), and the relationship, if any, of

such [spouse] person to the child to be adopted.

(d) … no change.

(e) The name, age and birthplace of all natural and adopted children of the spouse of the

plaintiff (if such spouse, civil union partner or domestic partner is not also a plaintiff).

(f) … no change.

(g) … no change.

(h) … no change.

(i) Whether or not either natural parent of the child to be adopted has been granted a

divorce, dissolution of a civil union or termination of a domestic partnership from the other

natural parent, unless such information is unknown to the plaintiff or plaintiffs. If unknown, the

complaint shall so state.

(j) … no change.

(k) … no change.

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(l) … no change.

(m) If the spouse, civil union partner or domestic partner of a plaintiff has consented to

the proposed adoption, such consent shall be annexed to the complaint or appended thereto.

(n) … no change.

Note: Source-R. (1969) 4:94-2(c), (d), (e). Adopted December 20, 1983, to be effective

December 31, 1983; paragraphs (b), (e), (i) and (m) amended ________________ to be effective

_____________________.

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B. Proposed Amendment to Appendix V - Family case information

statement

􀂃 Amendment to Family case information statement pursuant to The Civil Union

Statute and The Domestic Partnership Act, P.L.2006, c.103

The Practice Committee reserves for consideration in the 2011-2013 rules cycle other

issues regarding the CIS described later in this report. Those issues include:

1. the general format of the CIS,

2. the separation between liabilities subject to equitable distribution and liabilities

exempt from equitable distribution,

3. any other changes that may be needed to conform to the civil union and

domestic partnership laws,

4. the question of whether the certification at the end of the CIS regarding the

redaction of confidential personal identifiers should be signed by the litigant or

counsel, which implicates R. 1:38-7,

5. the issue regarding the need to file a CIS for enforcement proceedings

6. the extent to which more details should be required within the statements of

assets and liabilities

In considering the necessary changes to the court rules relating to the enactment of The

Civil Union Statute and The Domestic Partnership Act, the Practice Committee recommends

technical changes set out in the attached Family case information statement ("CIS") (Attachment

A). At this time, the Practice Committee recommends only those minor changes to the CIS.

The Practice Committee recommends replacing the terms "Husband" and "Wife" with

references to "Plaintiff" and "Defendant" in the CIS form. The Practice Committee also

recommends changing the reference in the Part D-Monthly Expenses portion of the CIS form

from "Joint Marital Lifestyle" to instead reference "Joint Lifestyle."

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C. Proposed Amendment to R. 1:5-6 - Filing

􀂃 Affidavit of verification and non-collusion

The issue presented was whether failure to attach the certification of verification and noncollusion,

which is customarily appended to all divorce complaints, renders the complaint filing

to be "non-conforming," pursuant to R. 1:5-6 (c)(1)(C). That court rule states that failure to

include an affidavit of insurance coverage as required by R. 5:4-2(f), the parents education

program registration fee required by N.J.S.A. 2A:34-12.2, the confidential litigant information

sheet required by R. 5:4-2(g), or the affidavit or certification and notification of complementary

dispute resolution required by R. 5:4-2(h), renders the filing non-conforming. The question is

whether the certification of verification and non-collusion should be granted a similar status.

The Practice Committee believes that the certification of verification and non-collusion is

a required attachment to the complaint and failure to attach it renders the complaint nonconforming.

Therefore, the Practice Committee makes the following rule recommendation to

clarify the requirement to file the certification of verification and non-collusion with a complaint:

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R. 1:5-6

1:5-6. Filing

(a) . . . no change

(b) . . . no change

notify the person filing if such papers do not conform to these rules, except that

(1) the paper shall be returned stamped "Received but not Filed (date)" if it is

presented for filing unaccompanied by any of the following:

(A) . . . no change.

(B) . . . no change.

R. 5:4-2(f), the Parents Education Program registration fee required by N.J.S.A. 2A:34-12.2, the

Affidavit of Verification and Non-Collusion as required by R. 5:4-2(c), the Confidential Litigant

Information Sheet as required by R. 5:4-2(g) in the form prescribed in Appendix XXIV, or the

Affidavit or Certification of Notification of Complementary Dispute Resolution Alternatives as

required by R. 5:4-2 (h) in the form prescribed in Appendix XXVII-A or XXVII-B of these

rules; or

(D) . . . no change.

(E) . . . no change.

(2) . . . no change.

(3) . . . no change.

(4) . . . no change.

(d) . . . no change

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(e) . . . no change

Note: Source – R. R.1:7-11, 1:12-3(b), 2:10, 3:11-4(d), 4:5-5(a), 4:5-6(a) (first and

second sentence), 4:5-7 (first sentence), 5:5-1(a). Paragraphs (b) and (c) amended July 14, 1972

to be effective September 5, 1972; paragraph (c) amended November 27, 1974 to be effective

April 1, 1975; paragraph (b) amended November 7, 1988 to be effective January 2, 1989;

paragraph (b) amended June 29, 1990 to be effective September 4, 1990; paragraph (c) amended

November 26, 1990 to be effective April 1, 1991; paragraphs (b) and (c) amended, new text

substituted for paragraph (d) and former paragraph (d) redesignated paragraph (e) July 13, 1994

to be effective September 1, 1994; paragraph (b)(1) amended, new paragraph (b)(2) adopted,

paragraphs (b)(2), (3), (4), (5) and (6) redesignated paragraphs (b)(3), (4), (5), (6) and (7), and

newly designated paragraph (b)(4) amended July 13, 1994 to be effective January 1, 1995;

paragraphs (b)(1),(3) and (4) amended June 28, 1996 to be effective September 1, 1996;

paragraph (b)(4) amended July 10, 1998 to be effective September 1, 1998; paragraph (c)

amended July 5, 2000 to be effective September 5, 2000; paragraphs (c)(1) and (c)(3) amended

July 28, 2004 to be effective September 1, 2004; subparagraph (c)(1)(E) adopted, paragraphs

(c)(2) and (c)(3) amended, and paragraph (c)(4) adopted July 27, 2006 to be effective September

1, 2006; paragraph (b) amended June 15, 2007 to be effective September 1, 2007; subparagraph

(c)(1)(C) amended July 16, 2009 to be effective September 1, 2009; subparagraph (c)(1)(E)

amended December 20, 2010 to be effective immediately; subparagraph (c)(1)(C) amended

___________________ to be effective ______________________.

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D. Proposed Amendment to R. 4:101-1(b) - Abstracts to be entered

􀂃 Replacing references to ACSES with generic "child support enforcement system" in

R. 4:101-1(b)

The Practice Committee identified out-of-date references to ACSES, the former

automated child support enforcement system, that appeared in Part IV and Part V of the court

rules. The Practice Committee determined that the language in those rules would be more

durable if the substituted language referred generically to an automated system for collection and

enforcement of child support, rather than including the specific name of a system. Therefore, the

Practice Committee recommends replacing "ACSES" with "automated child support

enforcement system."

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R. 4:101-1

4:101-1. Abstracts to be entered

(a) . . . no change

(b) Child Support Judgments and Orders. When a child support judgment or order issued

pursuant to N.J.S.A. 2A:17-56.23a is entered in the Superior Court Child Support Judgment

Index of the New Jersey [Automated Child Support Enforcement System (ACSES)] automated

child support enforcement system, it shall have the same force and effect as entry of an abstract

in the Civil Judgment and Order Docket pursuant to paragraph (a) of this rule.

Note: Source-R.R. 4:120-2 (first unnumbered paragraph). Paragraph (a) amended

September 5, 1969 to be effective September 8, 1969; amended July 7, 1971 to be effective

September 13, 1971; amended July 24, 1978 to be effective September 11, 1978; amended July

22, 1983 to be effective September 12, 1983; existing rule redesignated as paragraph (a) with

new caption added and new paragraph (b) added July 14, 1992 to be effective September 1,

1992; paragraph (a) amended June 28, 1996 to be effective September 1, 1996; paragraph (b)

amended ___________ to be effective _________________.

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E. Proposed Amendment to R. 5:3-3 - Appointment of experts

􀂃 Amending R. 5:3-3(b) to permit audio and video recording of expert evaluations

The Practice Committee recommends amending R. 5:3-3(b) to provide for the right to

record expert evaluations and to set forth the protocol to be followed in connection with the

recording.

The recommendation was made to clarify that B.D. v. Carley, et al., 307 N.J. Super. 259

(App. Div. 1997) is applicable to parenting time and custody evaluations. The Practice

Committee concluded that B.D. v. Carley was not limited to civil litigation in the Law Division

and that the rationale of the decision was equally applicable to parenting evaluations.

Moreover, the Practice Committee believes that Guideline 7 of the Specialty Guideline

Standards of the New Jersey Board of Psychological Examiners and the Comment thereto states

that the question of video and audio taping in parenting evaluations is within the specific

discretion of the psychologist:

Psychologists maintain detailed written records. In addition, psychologists may

choose to use audio or video recording depending upon their understanding of the

requirements of the specific case or situation.

The Practice Committee also notes that the Model Standards of Practice of Child Custody

Evaluations adopted by the Association of Family and Conciliation Courts reference the use of

audio and video taping in connection with evaluations. Standard 10.3(c) states:

A detailed record of the observation session shall be created. If neither, audio or

video taping is done and if, for any reason, contemporaneous note taking is

difficult, notes must be entered as soon as possible after the session.

The Practice Committee believes, however, that mental health professionals should not

be the only individuals who have a right to record an evaluation session. Evaluations should

produce objectively accurate information on the people being evaluated. If the data and

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observations presented are objective, such as through a recording, the court will be better able to

assess the recommendations of the report and the observations made regarding the emotional

traits of the individual.

The Practice Committee reviewed and evaluated two significant challenges raised to the

proposal, which we briefly recap. Assessment is in the eyes of the assessor. Words repeated in a

report stated by a witness in response to a question are not as rich in providing probative

information as hearing the actual words of the question and answer and the actual tones that were

used to convey them. See B.D. v. Carley, supra, 307 N.J. Super. at 262. Words repeated on

paper are not reflective of the emotions or of the personality of the speaker, either the examiner

expert or examinee litigant. The trier of fact and attorneys trying to assess comments or the

quotation of them in a written report are deprived of directly observing the emotional affect and

tones of the speaker.

A recording brings the court and the lawyers into the examination room. There can be no

confusion about how something was said and how the person looked while saying it. The actual

dialogue more accurately and realistically creates a record for assessment by a trier of fact and

allows more effective evaluation of whether the observations and recommendation or conclusion

reached by the expert are justified. What is perceived by each person may be different based

upon who they are, their biases, their prejudices, and their own values. Therefore, if the trier of

fact is provided with the raw, first hand unprocessed material upon which an expert's

observations are made and conclusions are drawn, then the trier of fact will more likely make

determinations free of the limitations that may be imposed by the perceptive capacity or

limitations of the expert.

The Practice Committee recommends adding the following to R. 5:3-3(b):

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Custody and parenting time evaluations by mental health experts may be recorded

at the request of either party or an expert. The recording may be undertaken by

the mental health expert. and/or either party. Any party intending to record a

parenting evaluation session shall notify all other parties and the expert 10 days in

advance of the session and, if requested, copies of any recordings, tapes or DVDs

made will be exchanged and/or provided to the parties and the expert within

fifteen (15) days of the session recorded. Objections regarding authenticity or

competence of the recordings shall be exchanged within 15 days of receipt of the

recording at issue. Any unresolved objections may be presented to the court for

resolution on motion, pursuant to the Rules of Court. The parties may provide a

copy of any recording, tape or DVD made to their independent expert or the

court's expert, and the recordings may be utilized in accordance with the Rules of

Evidence. However, neither parent shall discuss or reveal the contents of the

recordings, tapes or DVD to the children, or provide copies to the children, or to a

third party, other than the independently retained or court expert, without

permission of the court.

􀂃 Timetable for Retention of Private Experts pursuant to R. 5:3-3(h)

The Practice Committee recommends an amendment to R. 5:3-3(h) to define when notice

must be provided of an intention to use a private expert. The Practice Committee believes that

the right to use a private expert should not unreasonably delay the disposition of cases. The

Practice Committee believes that notification of an intention to use such an expert within a

certain time period after receipt of a joint or court-appointed expert's report is appropriate. This

process promotes expeditious processing of cases and assists litigants in deciding whether they

are going to exercise the right to hire a private expert pursuant to R. 5:3-3(h). The Practice

Committee proposes the following amendment to R. 5:3-3(h):

Use of Private Experts. Nothing in this rule shall be construed to preclude the

parties from retaining their own experts, either before or after the appointment of

an expert by the court or retention of a joint expert, on the same or similar issues.

Upon receipt of the court appointed or joint expert's report, the court shall conduct

a case management conference and fix a date for the additional experts to be

retained.

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R. 5:3-3

5:3-3. Appointment of experts

(a) . . . no change

(b) Custody/Parenting Disputes. Mental health experts who perform parenting/custody

evaluations shall conduct strictly non-partisan evaluations to arrive at their view of the child's best

interests, regardless of who engages them. They should consider and include reference to criteria set

forth in N.J.S.A. 9:2-4, as well as any other information or factors they believe pertinent to each

case. Custody and parenting time evaluations by mental health experts may be recorded at the

request of either party or an expert. The recording may be undertaken by the mental health expert.

and/or either party. Any party intending to record a parenting evaluation session shall notify all

other parties and the expert 10 days in advance of the session and, if requested, copies of any

recordings, tapes or DVDs made will be exchanged and/or provided to the parties and the expert

within fifteen (15) days of the session recorded. Objections regarding authenticity or competence

of the recordings shall be exchanged within 15 days of receipt of the recording at issue. Any

unresolved objections may be presented to the court for resolution on motion, pursuant to the Rules

of Court. The parties may provide a copy of any recording, tape or DVD made to their independent

expert or the court's expert, and the recordings may be utilized in accordance with the Rules of

Evidence. However, neither parent shall discuss or reveal the contents of the recordings, tapes or

DVD to the children, or provide copies to the children, or to a third party, other than the

independently retained or court expert, without permission of the court.

(d) . . . no change

(e) . . . no change

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(f) . . . no change

(g) . . . no change

(h) Use of Private Experts. Nothing in this rule shall be construed to preclude the parties

from retaining their own experts, either before or after the appointment of an expert by the court

or retention of a joint expert, on the same or similar issues. Upon receipt of the court appointed

or joint expert's report, the court shall conduct a case management conference and fix a date for

the additional experts to be retained.

(i) . . . no change

Note: Source -- R. (1969) 5:3-5, 5:3-6. Adopted December 20, 1983, to be effective

December 31, 1983; caption amended, former rule redesignated paragraph (a) and paragraph

(b)(1), (2), (3), (4) and (5) adopted November 7, 1988 to be effective January 2, 1989; former

paragraphs (b)(1), (2), (3), (4), and (5) captioned and redesignated as (c), (d), (e), (f) and (g)

respectively June 29, 1990 to be effective September 4, 1990; paragraph (a) amended January

21, 1999 to be effective April 5, 1999; paragraph (a) caption and text amended, new paragraph

(b) adopted, former paragraph (b) amended and redesignated as paragraph (c), former paragraphs

redesignated as paragraph (f), former paragraph (f) redesignated as paragraph (g), former

paragraph (g) amended and redesignated as paragraph (h), and new paragraph (i) adopted July

28, 2004 to be effective September 1, 2004; paragraphs (b) and (h) amended _______________

to be effective _____________.

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F. Proposed Amendment to R. 5:3-5 - Attorney Fees and Retainer

Agreements in Civil Family Actions; Withdrawal

􀂃 Amendments to Part V Rules of Court pursuant to The Civil Union Statute and The

Domestic Partnership Act, P.L.2006, c.103

This issue and others relating to the enactment of The Civil Union Statute and The

Domestic Partnership Act were referred to the Practice Committee for consideration. The

Practice Committee reviewed Part V of the court rules in their entirety for purposes of

determining what rule changes would be appropriate. The proposed amendments to paragraphs

(c), (d)(1) and (d)(2) are technical changes.

􀂃 Attaching moving attorney's retainer agreement in motion for attorney's fees

The Practice Committee recommends amending R. 5:3-5 to require the filing of a retainer

agreement with a request for an award of attorney fees. To address a concern regarding

attorneys who do not accept fees, the recommendation cites paragraph (a) of the rule. Therefore,

the Practice Committee recommends the following amendment to R. 5:3-5(c):

. . . In determining the amount of the fee award, the court [should] shall

consider[,] the terms of the written retainer agreement pursuant to paragraph (a)

herein, which shall be attached to the attorney's submission, in addition to the

information required to be submitted pursuant to R. 4:42-9, the following factors:

. . . .

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R. 5:3-5

5:3-5. Attorney Fees and Retainer Agreements in Civil Family Actions; Withdrawal

(a) … no change.

(b) … no change.

court in its discretion may make an allowance, both pendente lite and on final determination, to

be paid by any party to the action, including, if deemed to be just, any party successful in the

action, on any claim for divorce, dissolution of civil union, termination of domestic partnership,

nullity, support, alimony, custody, parenting time, equitable distribution, separate maintenance,

enforcement of [interspousal] agreements [relating to family type matters] between spouses,

domestic partners, or civil union partners and claims relating to family type matters [in actions

between unmarried persons]. A pendente lite allowance may include a fee based on an evaluation

of prospective services likely to be performed and the respective financial circumstances of the

parties. The court may also, on good cause shown, direct the parties to sell, mortgage, or

otherwise encumber or pledge [marital] parties' assets to the extent the court deems necessary to

permit both parties to fund the litigation. In determining the amount of the fee award, the court

[should] shall consider[,] the terms of the written retainer agreement, which shall be attached to

the attorney's submission, in addition to the information required to be submitted pursuant to R.

4:42-9, the following factors: (1) the financial circumstances of the parties; (2) the ability of the

parties to pay their own fees or to contribute to the fees of the other party; (3) the reasonableness

and good faith of the positions advanced by the parties both during and prior to trial; (4) the

extent of the fees incurred by both parties; (5) any fees previously awarded; (6) the amount of

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fees previously paid to counsel by each party; (7) the results obtained: (8) the degree to which

fees were incurred to enforce existing orders or to compel discovery; and (9) any other factor

bearing on the fairness of an award.

(d) Withdrawal from Representation.

(1) An attorney may withdraw from the representation ninety (90) days or more

prior to the scheduled trial date or prior to the [Matrimonial] Early Settlement Panel hearing,

whichever is earlier, upon the client's consent in accordance with R. 1:11-2(a)(1). If the client

does not consent, the attorney may withdraw only on leave of court as provided in subparagraph

(2) of this rule.

(2) After the [Matrimonial] Early Settlement Panel hearing or after the date ninety

(90) days prior to the trial date, whichever is earlier, an attorney may withdraw from the action

only by leave of court on motion on notice to all parties. The motion shall be supported by the

attorney's affidavit or certification setting forth the reasons for the application and shall have

annexed the written retainer agreement. In deciding the motion, the court shall consider, among

other relevant factors, the terms of the written retainer agreement and whether either the attorney

or the client has breached the terms of that agreement; the age of the action; the imminence of

the [Matrimonial] Early Settlement Panel hearing date or the trial date, as appropriate; the

complexity of the issues; the ability of the client to timely retain substituted counsel; the amount

of fees already paid by the client to the attorney; the likelihood that the attorney will receive

payment of any balance due under the retainer agreement if the matter is tried; the burden on the

attorney if the withdrawal application is not granted; and the prejudice to the client or to any

other party.

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Note: Adopted January 21, 1999 to be effective April 5, 1999; paragraph (b) amended

July 5, 2000 to be effective September 5, 2000; new paragraph (a)(10) adopted, and paragraphs

(d)(1) and (d)(2) amended July 28, 2004 to be effective September 1, 2004; paragraph (c)

amended and subparagraphs (d)(1) and (d)(2) amended _______________ to be effective

_____________.

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G. Proposed Amendment to R. 5:3-7 - Additional Remedies on Violation

of Orders Relating to Parenting Time, Alimony, Support or Domestic

Violence Restraining Orders

􀂃 Enforcement of Relief under Part II of a Final Restraining Order

When entering a final restraining order under the Prevention of Domestic Violence Act,

N.J.S.A. 2C:25-17 to -35, the court will often order a defendant to comply with certain services,

such as batterers intervention programs, substance abuse evaluations or other social services. By

memorandum dated March 10, 2009, Acting Administrative Director of the Courts, Glen A.

Grant, J.A.D., issued a Protocol for Monitoring and Enforcing Defendant's Compliance with

Orders to Attend Counseling and/or Batterers Intervention Programs. In the subsequent

implementation of the protocol, concerns arose regarding the authority of the court to compel

compliance on its own application, independent of an enforcement application brought by the

victim pursuant to R. 1:10-3. On recommendation of the Conference of Family Presiding

Judges, Administrative Director Grant referred to the Practice Committee, the advisability of a

rule amendment authorizing an enforcement action on the court's own motion. The Practice

Committee considered a court's authority to enforce its orders in the face of non-compliance.

Violations of Part I relief granted in a final restraining order, essentially involving contact

with the victim, are addressed through criminal contempt charges against the offending party

under N.J.S.A. 2C: 29-9(b). Non-compliance with court ordered social services, support or

custody set out in the Part II Relief section of a final restraining order, is not subject to the

criminal complaint process.

Section 6.1 of The Domestic Violence Procedures Manual ("DV Manual") sets forth the

appropriate procedure for enforcement of the terms of a restraining order. Enforcement of Part II

relief is governed by N.J.S.A. 2C:25-30 and 2C: 29-9(b), depending on the conduct and the

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provision violated. The DV Manual states, "All relief contained in Part II [N.J.S.A. 2C:25-

29(b)(3), (b)(4), (b)(5), (b)(8) and (b)(9)], must be enforced by civil remedies, i.e., by filing an

application with the Superior Court, Family Part." Relief under this section includes, among

other things, domestic violence counseling and evaluations, batterer's intervention, parenting

time conditions, and financial payments. The DV Manual, section 6.1.3, provides that "[t]hese

may be enforced in a civil action instituted by the plaintiff, generally under Rule 1:10-3 and Rule

5:3-7 by way of motion, affidavit, or in emergent circumstances, an order to show cause."

N.J.S.A. 2C:25-30 states that Part II violations "may be enforced in a civil or criminal

action initiated by the plaintiff or by the court, on its own motion, pursuant to the applicable

court rules." The DV Manual, as referenced above, states that the appropriate remedy is an

enforcement action brought by the victim. While the DV Manual addresses the preferred

practice, the court, by statute, maintains the right to compel enforcement. The issue is the scope

and remedy of enforcement "pursuant to the applicable court rules."

The remedies available to the court for enforcement are provided under the contempt

powers, R. 1:10-1 and -2, dealing with contempt authority, R. 1:10-3 enforcement of litigant's

rights, as well as R. 5:3-7, which details enforcement authority for custody or support violations.

Rule 1:10-1 addresses contempt occurring in the face of the court, and is not applicable.

Rule 1:10-2, while applicable to contempt of an order of the court, requires a separate contempt

complaint to be sworn and prosecuted by the Attorney General or county prosecutor's office.

This is certainly not the preferred enforcement mechanism due to its complexity. Rule 1:10-3

provides authority for a litigant to commence enforcement: "Notwithstanding that an act or

omission may also constitute a contempt of court, a litigant in any action, may seek relief by

application in the action."

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Independent of litigant enforcement motions under R. 1:10-3, there are circumstances

where the Family Part enforces orders on its own, or the Probation Division's initiative. The

most obvious example is child support enforcement. Rule 5:3-7 provides for such enforcement

by the court, in addition to R. 1:10-3. The rule provides various enforcement options including

incarceration. Rule 5:3-7 in its current form, however, is limited to enforcing custody or

parenting time orders, and alimony or child support orders.

The Practice Committee determines that the most appropriate way to enforce compliance

of Part II relief on the court's motion is to add paragraph (c) to R. 5:3-7 to address this specific

enforcement issue, as follows:

Enforcement of Relief under Provisions of Domestic Violence Restraining Orders

Not Subject to Criminal Contempt Complaints. On finding that a party has failed

to comply with the provisions of a restraining order issued pursuant to the

Prevention of Domestic Violence Act, not subject to criminal contempt (part II

relief excluded under N.J.S.A. 2C:25-30), the court may, in addition to the relief

provided by R. 1:10-3, grant any of the following remedies, either singly or in

combination: (1) economic sanctions, (2) incarceration with or without work

release, (3) issuance of a warrant to be executed upon further violation or noncompliance

with the order, (4) any appropriate remedy under paragraph (a) or (b)

above, applicable to custody or parenting time issues or alimony or child support

issues, (5) any other appropriate equitable remedy.

Furthermore, the Practice Committee believes that issues concerning procedural

implementation of this new rule should be referred to the Conference of Family Presiding Judges

for recommendation.

􀂃 Technical amendment to R. 5:3-7(a)

The Practice Committee identified a typographical error in R. 5:3-7(a), a duplicate

subparagraph "(9)" should be corrected to subparagraph "(8)."

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R. 5:3-7

5:3-7. Additional Remedies on Violation of Orders Relating to Parenting Time, Alimony, [or]

Support or Domestic Violence Restraining Orders

(a) Custody or Parenting Time Orders. On finding that a party has violated an order

respecting custody or parenting time, the court may order, in addition to the remedies provided

by R. 1:10-3, any of the following remedies, either singly or in combination: (1) compensatory

time with the children; (2) economic sanctions, including but not limited to the award of

monetary compensation for the costs resulting from a parent's failure to appear for scheduled

parenting time or visitation such as child care expenses incurred by the other parent; (3)

modification of transportation arrangements; (4) pick-up and return of the children in a public

place; (5) counseling for the children or parents or any of them at the expense of the parent in

violation of the order; (6) temporary or permanent modification of the custodial arrangement

provided such relief is in the best interest of the children; (7) participation by the parent in

violation of the order in an approved community service program; [(9)] (8) incarceration, with or

without work release; (9) issuance of a warrant to be executed upon the further violation of the

judgment or order; and (10) any other appropriate equitable remedy.

(b) . . . no change

Subject to Criminal Contempt Complaints. On finding that a party has failed to comply with the

provisions of a restraining order issued pursuant to the Prevention of Domestic Violence Act, not

subject to criminal contempt (part II relief excluded under N.J.S.A. 2C:25-30), the court may, in

addition to the relief provided by R. 1:10-3, grant any of the following remedies, either singly or

in combination: (1) economic sanctions, (2) incarceration with or without work release, (3)

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issuance of a warrant to be executed upon further violation or non-compliance with the order, (4)

any appropriate remedy under paragraph (a) or (b) above, applicable to custody or parenting time

issues or alimony or child support issues, (5) any other appropriate equitable remedy.

Note: Note: Adopted January 21, 1999 to be effective April 5, 1999; paragraph (a)

amended July 5, 2000 to be effective September 5, 2000; caption amended and paragraphs (a)

and (c) amended _____________ to be effective _____________________.

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H. Proposed Amendment to R. 5:4-2 - Complaint

􀂃 Amendments to Part V Rules of Court pursuant to The Civil Union Statute and The

Domestic Partnership Act, P.L.2006, c.103

This issue and others relating to the enactment of The Civil Union Statute and The

Domestic Partnership Act were referred to the Practice Committee for consideration. The

Practice Committee reviewed Part V of the court rules in their entirety for purposes of

determining what rule changes would be appropriate. The proposed amendments in this section

of the report are technical changes.

􀂃 Deletion of certain forms from the Appendix of the Rules of Court so that they may

be promulgated by the Administrative Director of the Courts

On May 4, 2010, Administrative Director Grant referred to the Practice Committee the

issue of standardizing the case practice of non-dissolution matters in the Family Part as

recommended by the Conference of Family Presiding Judges. The Conference also

recommended that forms related to non-dissolution case practice would be more efficiently

promulgated by the Administrative Director of the Courts.

The Practice Committee endorses the more efficient process recommended by the

Conference of Family Presiding Judges and recommends the deletion of certain forms from the

Rules' Appendix so that they may be promulgated by the Administrative Director.

Therefore, the Practice Committee recommends deleting Appendix XXIV, the

Confidential Litigant Information Sheet, and removing any reference to Appendix XXIV in R.

5:4-2. The Practice Committee believes that this change to the rules is consistent with the

current practice of promulgating other forms of order.

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R. 5:4-2

5:4-2. Complaint

(a) … no change.

(b) … no change.

complaint or counterclaim for divorce, dissolution of civil union, termination of domestic

partnership, or nullity [of marriage] an oath or affirmation by the plaintiff or counterclaimant that

the allegations of the complaint or counterclaim are true to the best of the party's knowledge,

information and belief, and that the pleading is made in truth and good faith and without

collusion for the causes set forth therein.

(d) Counterclaim. A counterclaim may state any family cause of action, and any other

cause or causes of action which exist at the time of service of the counterclaim. A counterclaim

not stated in an answer may be filed by leave of the court at any time prior to final judgment.

Failure to counterclaim for divorce, dissolution of civil union, termination of domestic

partnership, or nullity [of marriage] shall not bar such cause of action. In any action involving

the welfare or status of a child the counterclaim shall include the child's name, address, date of

birth and a statement of where and with whom the child resides.

(e) Amended or Supplemental Complaint or Counterclaim. In any action for divorce,

dissolution of civil union, termination of domestic partnership, nullity, [of marriage] or separate

maintenance, a supplemental complaint or counterclaim may be allowed to set forth a cause of

action which has arisen or become known since the filing of the original complaint, and an

amended complaint or counterclaim may be allowed to change the action from [separate

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maintenance, absolute divorce or divorce from bed and board to any other one of said actions]

the originally pleaded cause to any other cognizable family or family type action .

(f) Affidavit or Certification of Insurance Coverage. The first pleading of each party shall

have annexed thereto an affidavit listing all known insurance coverage of the parties and their

minor children, including but not limited to life, health, automobile, and homeowner's insurance.

The affidavit shall specify the name of the insurance company, the policy number, the named

insured and, if applicable, other persons covered by the policy; a description of the coverage

including the policy term, if applicable; and in the case of life insurance, an identification of the

named beneficiaries. The affidavit shall also specify whether any insurance coverage was

canceled or modified within the ninety days preceding its date and, if so, a description of the

canceled insurance coverage. Insurance coverage identified in the affidavit shall be maintained

pending further order of the court. If, however, the only relief sought is dissolution of the

marriage or civil union, or a termination of a domestic partnership, or if a [property] settlement

agreement addressing insurance coverage has already been reached, the parties shall annex to

their pleadings, in lieu of the required insurance affidavit, an affidavit so stating. Nevertheless, if

a responding party seeks financial relief, the responding party shall annex an insurance-coverage

affidavit to the responsive pleading and the adverse party shall serve and file an insurancecoverage

affidavit within 20 days after service of the responsive pleading. A certification in lieu

of affidavit may be filed.

(g) Confidential Litigant Information Sheet. The first pleading of each party to any

proceeding involving alimony, maintenance or child support shall be accompanied by a

completed Confidential Litigant Information Sheet in the form prescribed [in Appendix XXIV]

by the Administrative Director of the Courts. The form shall be provided at the time of the filing

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of the first pleading but shall not be affixed to the pleadings. The information contained in the

Confidential Litigant Information Sheet shall be maintained as confidential and shall be used for

the sole purposes of establishing, modifying, and enforcing support orders. The Administrative

Office of the Courts shall develop and implement procedures to maintain the Confidential

Litigant Information Sheet as a confidential document rather than a public record. The

Confidential Litigant Information Sheet shall contain a certification consistent with R. 1:4-4(b).

No copy thereof shall be served on any opposing party.

(h) … no change.

Note: Source-R. (1969) 4:77-1(a)(b)(c)(d), 4:77-2, 4:77-3, 4:77-4, 4:78-3, 5:4-1(a) (first

two sentences). Adopted December 20, 1983, to be effective December 31, 1983; paragraph

(b)(2) amended November 5, 1986 to be effective January 1, 1987; paragraphs (a)(2) and (d)

amended November 2, 1987 to be effective January 1, 1988; paragraphs (b)(2) and (c) amended

July 13, 1994 to be effective September 1, 1994; paragraph (a)(2) amended July 10, 1998 to be

effective September 1, 1998; new paragraph (f) adopted January 21, 1999 to be effective April 5,

1999; paragraph (f) caption and text amendment July 12, 2002 to be effective September 3,

2002; new paragraph (g) adopted July 28, 2004 to be effective September 1, 2004; new

paragraph (h) adopted July 27, 2006 to be effective September 1, 2006; paragraph (h) amended

October 10, 2006 to be effective immediately; paragraph (g) amended June 15, 2007 to be

effective September 1, 2007; paragraphs (g) and (h) amended July 16, 2009 to be effective

September 1, 2009; paragraphs (c), (d), (e), (f) and (g) amended ___________________ to be

effective _______________________.

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Appendix XXIV - Confidential Litigant Information Sheet

[Appendix XXIV Confidential Litigant Information Sheet]

Appendix XXIV deleted _________________ to be effective __________________.

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I. Proposed Amendment to R. 5:4-4 - Service of process in Family Part

summary actions; Initial complaints and applications for postdispositional

relief

􀂃 Recommendation to standardize non-dissolution practice and post-disposition

practice in all Family Part summary actions

Administrative Director Grant referred a recommendation from the Conference of

Presiding Judges to the Practice Committee, which relates to the modification of procedures and

service of process rules for summary actions in the Family Part. In 2005, then Chief Justice

Poritz created a ten member Statewide Bench-Bar Liaison Committee to review Family Division

Standards and Best Practices. As a result, an ad hoc Judiciary committee was established to

study the need for standardization of procedures for Family Part non-dissolution matters (FD

docket). This review was extended to include domestic violence and kinship legal guardianship

post-dispositional matters. The Conference of Family Presiding Judges endorsed and forwarded

the recommendations of the ad hoc committee to Administrative Director Grant for

consideration, and those recommendations have been referred to the Practice Committee.

Differentiating the practice between the dissolution case type (FM docket) and the other

case types mentioned above was a concern, but due to the summary nature of non-dissolution

matters, the Practice Committee concluded that Family Part summary actions should all be

adjudicated in a consistent and efficient manner.

To that end, the Practice Committee was charged with the task of amending R. 5:4-4 to

meet the following goals:

• Service by mail for initial complaints, currently authorized by R. 5:4-4, used for

paternity and support cases, should also be used in all other non-dissolution matters

and in domestic violence (FV docket) post judgment applications not involving active

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domestic violence restraints. The court rules should be revised to specify the

application of R. 5:4-4 to all pre and post-dispositional non-dissolution matters and

domestic violence post-dispositional matters not involving restraints, such as child

support or parenting time.

• The Practice Committee should consider recommending a court rule requiring

litigants to perform a "Diligent Search" under certain circumstances. The process set

forth in proposed R. 5:4-4(c), which provides for diligent inquiry search procedures

for child support enforcement actions should be replicated for initial custody matters

when the custodial parent is unable to provide the court with the location of the noncustodial

parent. A diligent search certification may be used in applications for

modification of a prior order based upon the proposed amendment to R. 5:4-4(b) that

deems service to an FD litigant's last known address as effective service of process.

• The Judiciary should adopt the proposed process for diligent searches promulgated by

the Administrative Director of the Courts. A rule recommendation regarding the

requirement of a diligent search certification should include a publication requirement

under certain circumstances.

• When a child support obligee fails to notify the Probation Division of a change in

address and a notice to appear has been served, a hold should be placed on the

account until the obligee notifies the court of the address change. So as not to have

disparate treatment of litigants, an entry of default should be allowed when either the

obligor or the obligee has failed to comply with the requirement to notice the

Probation Division of a change in address set forth in R. 5:7-4(f).

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• The application of the court rules should be expanded to provide that in matters where

a child support order has been entered (regardless of whether a Probation Division

support account has been established), all FD litigants' last known addresses of record

can be utilized to effectuate service.

The Practice Committee recommends amending R. 5:4-4. This recommendation seeks

consistency of process for summary actions. The Practice Committee inserted "postdispositional"

application for FD and FV actions where appropriate to distinguish such

applications from initial complaints. The Practice Committee also inserted the citation to R.

5:9A-2 in paragraph (a) to indicate that this rule applies to kinship legal guardianship matters,

but not other matters involving the Division of Youth and Family Services (DYFS). The

Practice Committee also clarified in subparagraph (b)(4) that an affidavit of non-military service

is only required for initial complaints. The Practice Committee also inserted new paragraph (c),

which sets forth diligent inquiry requirements for summary actions to ensure that diligent efforts

are made to locate the other party if that party cannot be located. Subparagraph (c)(2) also

requires the party to inquire with the United States Department of Defense, with respect to the

affidavit of non-military service requirement. The Practice Committee, by its use of "postdispositional

application," distinguishes these applications from formal motions. The Practice

Committee's intent was to ensure that the process for Family Part summary matters must be by

post-dispositional application, and not formal motion. The procedure that must be followed for

these summary actions is the same for all, whether it is filed by an attorney or a self-represented

party. A formal motion is not necessary. Rule 5:8, Custody of Children, however, remains

applicable. The Practice Committee believes that it is not necessary to create a separate process

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for post-dispositional domestic violence (FV docket) applications and therefore has included

them in this recommendation.

Furthermore, the Practice Committee inserted in paragraph (a) a description of summary

actions to clarify the application of this service rule to include those enumerated cases.

The Practice Committee reviewed the rule as it relates to Probation-supervised matters

and concluded that no additional drafting is required to address these cases.

The Practice Committee also relabeled "plaintiff" and "defendant" to "adverse party"

where appropriate because either party may file an application under this rule.

Therefore, the Practice Committee recommends the following amendments to R. 5:4-4 to

improve and standardize non-dissolution applications:

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R. 5:4-4

5:4-4. Service of Process in [Paternity and Support Proceedings; Kinship Legal Guardianship]

Family Part Summary Actions; Initial Complaints and Applications for Post-Dispositional Relief

(a) Manner of Service. Service of process within this State for [paternity and support]

Family Part summary actions, including initial complaints and applications for post-dispositional

relief, shall be made in accordance with [Rule] R. 4:4-4, R. 5:9A-2, or paragraph (b) of this rule.

[Substituted] For initial complaints, substituted or constructive service of process outside this

State may be made pursuant to the applicable provisions in [Rule] R. 4:4-4 or [Rule] R. 4:4-5.

Family Part summary actions shall include all non-dissolution initial complaints as well as

applications for post-dispositional relief, and applications for post-dispositional relief under the

Prevention of Domestic Violence Act. Applications for post-dispositional relief shall replace

motion practice in Family Part summary actions. The court in its discretion, or upon application

of either party, may expand discovery, enter an appropriate case management order, or conduct a

plenary hearing on any matter.

(b) [Establishment of a Paternity or Support Order and Proceedings for Kinship Legal

Guardianship –] Service by Mail Program. Service of process for [initial paternity and support

complaints and in proceedings for kinship legal guardianship] Family Part summary actions may

be effected as follows:

(1) [Initial] Service by Mail. The Family Part shall mail process simultaneously

by both certified and ordinary mail to the mailing address of the [defendant] adverse party

provided by the party filing the complaint or application for post-dispositional relief.

(2) Effective Service. Consistent with due process of law, service by mail

pursuant to this rule shall have the same effect as personal service, and the simultaneous mailing

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shall constitute effective service unless there is no proof that the certified mail was received, or

either the certified or the regular mail is returned by the postal service marked "moved, unable to

forward," "addressee not known," "no such number/street," "insufficient address," "forwarding

order expired," or the court has other reason to believe that service was not effected. Process

served by mail may be addressed to a post office box. Where process is addressed to the

[defendant] adverse party at that person's place of business or employment, with postal

instructions to deliver to addressee only, service will be deemed effective only if the signature on

the return receipt appears to be that of the [defendant] adverse party to whom process was

mailed.

(3) Ineffective Service. If service cannot be effected by mail or by other means

permitted by court rules, the court shall dismiss the complaint or application for postdispositional

relief without prejudice, subject to reinstatement retroactive to the original filing

date if service is subsequently effected.

(4) Affidavit or Certification of Non-Military Service. [No] For initial complaints,

no order shall be entered by default until an affidavit or certification of non-military service, as

prescribed in R. 1:5-7, is provided to the court. The forms and procedures to implement this rule

shall be prescribed by the Administrative Director of the Courts.

(5) Vacating Defaults. If process is returned to the court by the postal service

subsequent to entry of default and the certified mail receipt displays any of the notations listed in

the paragraph (b)(2) of this Rule, or another reason exists to believe that service was not effected,

the court shall vacate the order entered by default, immediately notify [plaintiff] the filing party

or the attorney of the action taken, and reinstitute efforts to serve [defendant] the adverse party

either by mail or personally. [A defendant] The adverse party may, at any time after an order has

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been entered by default based on mailed service, file a motion or an application for postdispositional

relief, requesting that [a paternity or support] an order be vacated or modified based

on the fact that [defendant] the adverse party was not served with process prior to entry of the

order. A party alleging that process was not received must show that the address to which

process was directed was not that person's address at the time that the order was entered. Upon

such a showing, the court may conduct a hearing [or order paternity testing] to determine

whether the order should be modified or vacated.

(1) For purposes of initial complaints or upon the filing of any application for

post-dispositional relief in a Family Part summary action, where the adverse party cannot be

located, the filing party must provide the last known home address and demonstrate, through

diligent inquiry, that no current address is known for the adverse party. Where it appears to the

court by affidavit or certification of diligent inquiry filed by the filing party that the adverse party

cannot be located, the court may proceed to hear the matter. For initial complaints, nothing in

this rule shall prohibit the court from ordering substituted service by publication in accordance

with R 4:4-5(c).

(2) Such diligent inquiry efforts by the filing party should include, as appropriate,

inquiries to the relatives and last known employers of the person, the U.S. Postal Service, the NJ

Motor Vehicle Commission or the motor vehicle agency of the State where the person was last

known to be living, and the United States Department of Defense. The affidavit or certification

of diligent inquiry must be in the form as determined by the Administrative Director of the

Courts.

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(3) Vacating Default Orders. Vacating default orders shall be in accordance with

paragraph (b)(5) of this rule. This request can be made by the filing of a motion or application

for post-dispositional relief by a party or, by the court, on its own motion, during any

enforcement proceeding. The party alleging that process was not received must demonstrate

proof that the home address at the time the notice was sent was not that party's correct home

address. The court may conduct a hearing, as it deems necessary, to determine if the order

should be modified or vacated.

(d) Enforcement of a Support Order. For purposes of enforcing a support provision in an

order or judgment, the court may deem due process requirements for notice and service of

process to have been met with respect to the obligor on delivery of written notice to the most

recent residential or employer address. If the obligor fails to respond to the notice and no proof is

available that the obligor received the notice, the party bringing the enforcement action must

show that diligent efforts have been made to locate the obligor by making inquiries to the U.S.

Postal Service, the Motor Vehicle Commission, the Department of Labor, and the Department of

Corrections. A certification documenting unsuccessful efforts to locate the obligor shall be

provided to the court before any action adverse to the obligor is taken based on failure of the

obligor to respond to a notice.

[(d)](e) General Appearance; Acknowledgment of Service. [A] For initial complaints, a

general appearance or an acceptance of the service of a summons, signed or acknowledged on

the record by [defendant's] the adverse party's attorney, or signed and acknowledged by

[defendant] the adverse party or by a competent adult in [defendant's] the adverse party's

household, or as otherwise provided in R. 4:4-4, shall have the same effect as if [defendant] the

adverse party had been properly served.

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Note: Adopted July 10, 1998 to be effective September 1, 1998; paragraph (b) amended

July 28, 2004 to be effective September 1, 2004; new paragraph (b)(4) adopted, former

paragraph (b)(4) redesignated as paragraph (b)(5), and paragraph (c) amended June 15, 2007 to

be effective September 1, 2007; caption amended, paragraph (a) amended, paragraph (b) caption

and introductory text amended, subparagraph (b)(1) caption and text amended, subparagraph

(b)(2), (b)(3), (b)(4) and (b)(5) text amended, new paragraph (c) caption and text adopted, former

paragraph (c) redesignated as paragraph (d), former paragraph (d) redesignated as paragraph (e),

new paragraph (e) text amended _______________ to be effective _________________.

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J. Proposed Amendment to R. 5:5-3 - Financial statement in summary

support actions

􀂃 Amendments to Part V Rules of Court pursuant to The Civil Union Statute and The

Domestic Partnership Act, P.L.2006, c.103

This issue and others relating to the enactment of The Civil Union Statute and The Domestic

Partnership Act were referred to the Practice Committee for consideration. The Practice

Committee reviewed Part V of the court rules in their entirety for purposes of determining what

rule changes would be appropriate. The proposed amendments in this section of the report that

relate to civil unions and domestic partnerships are technical changes.

􀂃 Deletion of forms to be promulgated by the Administrative Director of the Courts

On May 4, 2010, Administrative Director Grant referred to the Practice Committee the

issue of standardizing the case practice of non-dissolution matters in the Family Part as

recommended by the Conference of Family Presiding Judges. The Conference also

recommended that forms related to non-dissolution case practice would be more efficiently

promulgated by the Administrative Director of the Courts.

The Practice Committee endorses the more efficient process recommended by the

Conference of Family Presiding Judges and recommends the deletion of certain forms from the

Rules' Appendix so that they may be promulgated by the Administrative Director.

Therefore, the Practice Committee recommends deleting Appendix XIV, the Financial

Statement for Summary Support Actions, and removing any reference to Appendix XIV in R.

5:5-3. The Practice Committee believes that this change to the rules is consistent with the

current practice of promulgating other forms of order.

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R. 5:5-3

5:5-3. Financial statement in summary support actions

In any summary action in which support of a child is in issue, each party shall, prior to

the commencement of any hearing, serve upon the other party and furnish the court with an

affidavit or certification in [the] a form [set forth in Appendix XIV of these Rules] prescribed by

the Administrative Director of the Courts. The court shall use the information provided on the

affidavit or certification and any other relevant facts to set an adequate level of child support in

accordance with R. 5:6A. In summary actions to determine the support of spouse, civil union

partner or domestic partner, each party shall, prior to the commencement of any hearing, provide

the opposing party and the court with an affidavit or certification of income, assets, needs,

expenses, liabilities, and other relevant facts to assist the court in determining the issue of

support. Such affidavit or certification shall be preserved for appellate review but shall not be

filed. Pursuant to R. 5:4-2(g) complaints filed in the Family Part that contain requests for

alimony, maintenance, or child support must include a completed Confidential Litigant

Information Sheet in the form set forth in Appendix XXIV of these Rules.

Note: Source -- R. (1969) 5:5-3(a). Adopted December 20, 1983, to be effective December 31,

1983; amended January 10, 1984, to be effective immediately; amended July 14, 1992 to be

effective September 1, 1992; amended July 28, 2004 to be effective September 1, 2004; amended

_________________ to be effective _____________.

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Appendix XIV - Financial Statement for Summary Support Actions

[Appendix XIV Financial Statement for Summary Support Actions]

Appendix XIV deleted _________________ to be effective __________________.

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K. Proposed Amendment to R. 5:6-6 - Modification of Title IV-D child

support orders

􀂃 Probation initiated status reviews of support orders

The Practice Committee has identified that R. 5:6-6, in its current form, has created

confusion and raised expectations in the minds of some members of the public that the Probation

Division initiates the modification of support orders. Pursuant to policies established by the

Administrative Office of the Courts (AOC), the Probation Division does not initiate or present

modifications to the court, even though R. 5:6-6 does permit such action to be taken. In

appropriate circumstances, however, the Probation Division is authorized, pursuant to policy

approved by the Judicial Council, to initiate status reviews before the court. The Probation

Division may take such action under certain circumstances where the parties cannot, or do not,

file for court action, and as a result, Probation is unable to properly manage the case. The

Practice Committee recommends reconciling the court rule and the practice to reflect Probation's

role as the agency enforcing child support orders. Accordingly, the Practice Committee

recommends an amendment to R. 5:6-6, as follows:

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R. 5:6-6

5:6-6. [Modification] Probation initiated status review of [Title IV-D child] support orders

The Probation Division may present to the court for status review any appropriate case

being enforced by Probation [under Title IV, Part D of the Social Security Act (42 U.S.C. §§ 601

to 669)], subject to appropriate procedural due process requirements [where for adjustment of the

child support award or the addition of a health insurance provision in accordance with N.J.S.A.

2A:17-56.9a]. The court shall consider such cases and may modify [orders in accordance with

the child support guidelines], suspend or terminate a support order, close a Probation-supervised

case, or take such action as the court may deem appropriate and just. Status review hearings shall

not substitute for motions or applications for post-dispositional relief initiated by parties to the

case and may only be used by Probation as a vehicle to manage cases being enforced by

Probation [or other relevant factors. If the proposed modification is contested, the moving party

or that person's attorney shall be responsible for preparing and filing all motions and supporting

documentation required under these Rules. The moving party shall be responsible for paying all

applicable filing fees. If the moving party states under oath in the application that he or she is

indigent and unable to pay the required filing fees, the court, if satisfied of the fact of indigency,

may waive the payment of such fees in accordance with Rule 1:13-2]. The forms and procedures

to implement the provisions of this rule shall be prescribed by the Administrative Director of the

Courts.

Note: Adopted October 5, 1993 to be effective October 13, 1993; caption and text

amended ___________ to be effective ________________.

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L. Proposed Amendment to R. 5:7-2 - Application pendente lite

􀂃 Practice regarding pendente lite applications

The Practice Committee has identified an issue with R. 5:7-2(b), which relates to whether

the rule should be amended to remove reference to making an application on "petition" since it is

no longer the practice for an attorney to make an application on "petition." The Practice

Committee recommends amending R. 5:7-2(b) to be consistent with current practice.

Furthermore, the Practice Committee also recommends amending R. 5:7-2 to be

consistent with contempt rules that appear under Rules 1:10-1, -2 and -3.

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R. 5:7-2

5:7-2. Application Pendente Lite

(a) . . . no change

(b) Restraints; Contempt; Enforcement. If pendente lite relief is sought, by way of

preliminary restraint, [or] to hold a party in contempt or to enforce litigant's rights, the

application shall be [on petition] by motion or order to show cause.

Note: Source-R. (1969) 4:79-3(a), (b). Adopted December 20, 1983, to be effective December

31, 1983; paragraph (a) amended January 10, 1984, to be effective April 1, 1984; paragraph (b)

caption and text amended _______________ to be effective __________________.

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M. Proposed Amendment to R. 5:7-4 - Alimony and child support

payments

􀂃 Permitting electronic signatures for orders and complaints in new paragraph (g) of

R. 5:7-4

On December 2, 2008, the Supreme Court entered a rules relaxation order pertaining to

electronic signatures for judges, court staff and litigants, to address the implementation of the

then new automated child support enforcement system, known as NJKiDS (New Jersey Kids

Deserve Support), to replace the current system, known as ACSES (Automated Child Support

Enforcement System). In reviewing this issue, the Practice Committee has determined that the

current rules for electronic signatures only address signatures of judges, and do not address the

signature of litigants. Litigant signatures are electronically captured on the Uniform Summary

Support Order (USSO) during family support hearings, and on non-dissolution or domestic

violence pleadings prepared with the assistance of the Family Division intake units. Therefore,

the Practice Committee recommends amending R. 5:7-4 for the collection of electronic

signatures on the USSO.

The Practice Committee also recognizes a need for an omnibus rule that would validate

all electronic signatures on court documents, which would best be accomplished by the adoption

of a Part I rule. Accordingly, the Practice Committee recommends that the issue of an omnibus

rule permitting electronic signatures in all child support related matters be referred to the

appropriate Supreme Court Committee for further review.

􀂃 Replacing references to ACSES with generic "child support enforcement system" in

R. 5:7-4(b)

The Practice Committee identified out-of-date references to ACSES, the former

automated child support enforcement system, that appeared in Part IV and Part V of the court

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rules. The Practice Committee determined that the language in those rules would be more

durable if the substituted language referred generically to an automated system for collection and

enforcement of child support, rather than including the specific name of a system. Therefore, the

Practice Committee recommends replacing "ACSES" with "automated child support

enforcement system."

􀂃 Amendment to R. 5:7-4(b) to ensure that enforcement of child support cases follows

county of venue

AOC Directive #03-05, dated January 31, 2005, established uniform case management

standards regarding transfer of child support cases among the vicinages. The standards provide

that upon establishment of a child support order in the Family Division, the case would

presumptively be assigned to the Probation Child Support Enforcement (PCSE) unit in the

county of venue, regardless of the residence of the obligor. If at some point the obligor moves to

another county, the case will not ordinarily be transferred to the new county of residence. Except

in limited circumstances, monitoring and enforcement of the support obligation must remain in

the county of venue. The intent of the Directive was to ensure that venue and enforcement of

support cases routinely remain in the same county, unless the court orders otherwise under

limited circumstances. Thus, when the county of venue changes, the county of enforcement also

should change. This results in more efficient management of cases and improved delivery of

service. The Practice Committee identified that venue changes did not uniformly result in

changes in the county of enforcement. To clarify the procedure, the Practice Committee

recommends an amendment to R. 5:7-4(b) to ensure that enforcement of child support cases are

to be in the county of venue, unless the court specifically otherwise orders. Accordingly, the

Subcommittee recommends adding the following provision to R. 5:7-4(b):

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Enforcement of child support orders shall presumptively be in the county in which

the child support order is first established (county of venue), unless the court

orders the case transferred for cause. In cases where venue of a support case is

transferred, Probation supervision shall concurrently be transferred to the county

of venue, unless the court otherwise orders for cause.

􀂃 Deletion of forms to be promulgated by the Administrative Director of the Courts

On May 4, 2010, Administrative Director Grant referred to the Practice Committee the

issue of standardizing the case practice of non-dissolution matters in the Family Part as

recommended by the Conference of Family Presiding Judges. The Conference also

recommended that forms related to non-dissolution case practice would be more efficiently

promulgated by the Administrative Director of the Courts.

The Practice Committee endorses the more efficient process recommended by the

Conference of Family Presiding Judges and recommends the deletion of certain forms from the

Rules' Appendix so that they may be promulgated by the Administrative Director.

Therefore, the Practice Committee recommends deleting Appendix XVI, the Uniform

Summary Support Order and Appendix XVII, the Temporary Support Order, and removing any

references to Appendix XVI, XVII and XXIV in R. 5:7-4. The recommendation to delete

Appendix XXIV, the Confidential Litigant Information Sheet, has been made in the R. 5:4-2

recommendation. The Practice Committee believes that this change to the rules is consistent

with the current practice of promulgating other forms of order.

􀂃 Technical amendment to Uniform Summary Support Order (USSO) - Add "Civil

Action" to caption to conform to R. 1:4-1(a)

Although the Practice Committee, in this report, has recommended deletion of the USSO

from the Rules' Appendix, it recognizes that the order must conform to the requirements of R.

1:4-1. Therefore, the Practice Committee recommends a technical amendment to the USSO,

which adds "Civil Action" to its caption. The Practice Committee further recommends that the

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AOC review this order and the Temporary Support Order for any other technical amendments

that may be required to ensure conformance with R. 1:4-1(a).

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R. 5:7-4

5:7-4. Alimony and Child Support Payments

(a) . . . no change

(b) Payments Administered by the Probation Division. Enforcement of child support

orders shall presumptively be in the county in which the child support order is first established

(county of venue), unless the court orders the case transferred for cause. In cases where venue of

a support case is transferred, Probation supervision shall concurrently be transferred to the

county of venue, unless the court otherwise orders for cause. The responsibility for the

administration and enforcement of the judgment or order, including the transfer of responsibility,

shall be governed by the policies established by the Administrative Director of the Courts.

Alimony, maintenance, or child support payments not presently administered by the Probation

Division shall be so made on application of either party to the court unless the other party, on

application to the court, shows good cause to the contrary. In non-dissolution support

proceedings, the court shall record its decision using the Uniform Order for Summary Support

[shown in Appendix XVI of these Rules] promulgated by the Administrative Director of the

Courts. On the signing of any order that includes alimony, maintenance, child support, or

medical support provisions to be administered by the Probation Division, the court shall,

immediately after the hearing, send to the appropriate judicial staff one copy of the order which

shall include a Confidential Litigant Information Sheet in the form prescribed [in Appendix

XXIV] by the Administrative Director of the Courts prepared by the parties or their attorneys

providing the names, dates of birth, Social Security Numbers, and mailing addresses of the

parents and the children; the occupation and driver's license number of the parent who is ordered

to pay support; the policy number and name of the health insurance provider of the parent who is

ordered to insure the children; and, if income withholding is ordered, the name and address of the

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obligor's employer. When a party or attorney must prepare a formal written judgment or order

pursuant to a judicial decision that includes alimony, maintenance or child support or medical

support provisions to be administered by the Probation Division, the court shall, on the date of

the hearing, record the support and health insurance provisions on a Temporary Support Order

using the form prescribed [in Appendix XVII of these Rules] by the Administrative Director of

the Courts and shall immediately have such order and a Confidential Litigant Information Sheet

in the form prescribed [in Appendix XXIV] by the Administrative Director of the Courts (if it

has not yet been provided by the parties or counsel) delivered to the appropriate judicial staff so

that a support account can be established on the [Automated Child Support Enforcement System

(ACSES)] New Jersey automated child support enforcement system. A probation account shall

be established on [ACSES] the automated child support enforcement system within eight

business days of the date the court order was signed. Demographic information provided on the

Confidential Litigant Information Sheet shall be required to establish a probation account and

send case initiation documents to the parties and the obligor's employer. The Temporary Support

Order shall remain in effect until a copy of the final judgment or order is received by the

Probation Division. Judgments or orders amending the amounts to be paid through the Probation

Division shall be treated in the same manner.

(d) . . . no change

(e) . . . no change

(f) . . . no change

(g) Electronic Signatures on Child Support Orders.

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(1) An electronic signature is one gathered through the use of a computer input

device. An electronic signature is an acceptable alternative to a signature collected through an

ink pen on paper, and constitutes an original signature.

(2) The automated child support system provides a mechanism for collecting

electronic signatures of the parties, child support hearing officer, and judge of the Superior Court

on a computerized or digital version of the Uniform Summary Support Order ("USSO").

(3) When an electronic signature of a party or other non-judiciary personnel is

collected through the automated child support system, the signing individual must be given

notice at the time the signature is collected, preferably in writing, of the significance of the

requested signature.

Note: Source – R. (1969) 4:79-9(a). Adopted December 20, 1983, to be effective December 31,

1983; amended November 2, 1987 to be effective January 1, 1988; amended January 5, 1988 to

be effective February 1, 1988; amended June 29, 1990 to be effective September 4, 1990; caption

and text amended October 5, 1993 to be effective October 13, 1993; caption amended, text

amended and redesignated as paragraphs (a), (b), and (d), captions of paragraph (a) through (e)

and text of paragraphs (c) and (e) adopted July 13, 1994 to be effective September 1, 1994;

paragraph (d) amended March 15, 1996 to be effective immediately; paragraph (b) amended June

28, 1996 to be effective immediately; caption of paragraph (d) and text of paragraphs (d) and (e)

amended May 25, 1999 to be effective July 1, 1999; paragraph (b) amended July 5, 2000 to be

effective September 5, 2000; paragraph (b) amended July 12, 2002 to be effective September 3,

2002; paragraph (b) caption and text amended, new paragraph (c) adopted, former paragraph (c)

redesignated as paragraph (d), former paragraph (d) amended (including incorporation of some

text of former paragraph (e)) and redesignated as paragraph (e), and former paragraph (e) deleted

July 28, 2004 to be effective September 1, 2004; new paragraph (c) adopted, and former

paragraphs (c), (d), and (e) redesignated as paragraphs (d), (e), and (f) July 27, 2006 to be

effective September 1, 2006; paragraph (f) amended June 15, 2007 to be effective September 1,

2007; paragraph (b) amended and new paragraph (g) caption and text adopted

________________________ to be effective _________________________.

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Appendix XVI - Uniform Summary Support Order

[Appendix XVI - Uniform Summary Support Order]

Appendix XVI deleted _________________ to be effective __________________.

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Appendix XVII - Temporary Support Order

[Appendix XVII - Temporary Support Order]

Appendix XVII deleted _________________ to be effective __________________.

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N. Proposed Amendment to R. 5:7A - Domestic violence: Restraining

orders

􀂃 Determine whether confirming paper order for e-TROs are required since the

implementation of the netbooks for municipal court judges

Rule 5:7A(b) sets forth the procedure for a judge to issue a domestic violence temporary

restraining order (TRO) from home or other remote location without requiring the physical

presence of the police officer and plaintiff/victim. The court rule authorizes the police officer to

enter a conforming signature for the judge and requires the judge to enter a contemporaneous

hard copy confirming order. The Practice Committee recognizes that since this Rule has been in

effect, there have been changes to the way a TRO is issued, most importantly, that many

municipalities and vicinages have begun issuing the orders electronically, also known as "e-

TROs." The Practice Committee felt that when an e-TRO is entered remotely by the municipal

court judge on a notebook computer, or other type of computer, there would be no need for a

confirming order. The recommendation does not change the requirement for a confirming order

in those situations where the municipal judge enters the order by phone through the local police

officer. If the municipal court judge enters the e-TRO directly on the computer, that e-TRO is in

fact the actual order. The Practice Committee recommends amending R. 5:7A(b) to reflect that

no confirming order need be generated when the approved e-TRO process is utilized, and the

judge actually enters the order electronically. The form of the proposed rule change follows:

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R. 5:7A

5:7A. Domestic Violence: Restraining Orders

(a) . . . no change

(b) Issuance of Temporary Restraining Order by Electronic Communication. A judge

may issue a temporary restraining order upon sworn oral testimony of an applicant who is not

physically present. Such sworn oral testimony may be communicated to the judge by telephone,

radio or other means of electronic communication. The judge or law enforcement officer

assisting the applicant shall contemporaneously record such sworn oral testimony by means of a

tape-recording device or stenographic machine if such are available; otherwise, adequate long

hand notes summarizing what is said shall be made by the judge. Subsequent to taking the oath,

the applicant must identify himself or herself, specify the purpose of the request and disclose the

basis of the application. This sworn testimony shall be deemed to be an affidavit for the

purposes of issuance of a temporary restraining order. A temporary restraining order may issue

if the judge is satisfied that exigent circumstances exist sufficient to excuse the failure of the

applicant to appear personally and that sufficient grounds for granting the application have been

shown. Upon issuance of the temporary restraining order, the judge shall memorialize the

specific terms of the order and shall direct the law enforcement officer assisting the applicant to

enter the judge's authorization verbatim on a form, or other appropriate paper, designated the

duplicate original temporary restraining order. This order shall be deemed a temporary

restraining order for the purpose of N.J.S.A. 2C:25-28. The judge shall direct the law

enforcement officer assisting the applicant to print the judge's name on the temporary restraining

order. The judge shall also contemporaneously record factual determinations.

Contemporaneously the judge shall issue a written confirmatory order and shall enter thereon the

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exact time of issuance of the duplicate order. In vicinages where an approved form of electronic

temporary restraining order is utilized and prepared electronically by the municipal court judge

on a notebook computer or other device, then the temporary restraining order may be transmitted

electronically without need for a duplicate written order. In all other respects, the method of

issuance and contents of the order shall be that required by [sub-section] paragraph (a) of this

rule.

(d) . . . no change

(e) . . . no change

(f) . . . no change

Note: Adopted November 1, 1985 to be effective January 2, 1986; paragraph (a)

amended, paragraph (b) caption and text amended and new paragraphs (c) and (d) adopted

November 2, 1987 to be effective January 1, 1988; caption amended, former paragraph (c)

redesignated paragraph (e), former paragraph (d) redesignated paragraph (f) and new paragraphs

amended July 12, 2002 to be effective September 3, 2002; paragraph (f) amended July 7, 2005 to

be effective immediately; paragraph (b) amended _______________ to be effective

____________________.

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O. Proposed Amendments to R. 5:8-2 (Direction for Periodic Reports)

and -4 (Filing of Report)

􀂃 Delete References to Chief Probation Officer and Probation Office in Rules 5:8-2

and -4

The Practice Committee recommends that Rules 5:8-2 and -4 should be amended to

delete references to "probation office" and "chief probation officer" and to substitute instead the

words "Family Division." The second paragraph of R. 5:8-2 should be amended to conform to

the Supreme Court's approved procedure for the filing of out-of-state custody orders pursuant to

AOC Directive #9-07. The proposed amended Rules are set forth below:

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R. 5:8-2

5:8-2. Direction for Periodic Reports

If an award of custody of minor children has been made, the court may in its discretion

file a certified copy of its order or judgment with the [probation office] Family Division of the

county or counties in which the child or children reside with a direction therein to such

[probation office] Family Division to make periodic reports to the court as to the status of the

custody. It shall be the duty of counsel to file 2 copies of the order or judgment with the

[probation office] Family Division within 2 days, together with information concerning the exact

place of residence of the child or children. Upon the filing of such report, the court may on its

own motion and where it deems it necessary, reopen the case and schedule a formal hearing on

proper notice to all parties.

A certified copy of a custody decree of another state [filed with the Clerk of the Superior

Court of this State] shall be [sent] filed pursuant to the [probation office of the county or counties

in which the child or children reside] procedures promulgated by the Administrative Office of

the Court.

Note: Source-R. (1969) 4:79-8(b). Adopted December 20, 1983, to be effective

December 31, 1983; amended November 7, 1988 to be effective January 2, 1989; amended

___________ to be effective ______________.

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R. 5:8-4

5:8-4 Filing of Report

The written report of an investigation made pursuant to this rule shall be filed with the

court, shall be furnished to the parties, and shall thereafter be filed in the office of the [Chief

Probation Officer] Family Division. The report shall be regarded as confidential, except as

otherwise provided by rule or by court order. The report shall be received as direct evidence of

the facts contained therein which are within the personal knowledge of the [probation officer

who] Family Division which made the investigation and report, subject to cross-examination.

Note: Source-R. (1969) 4:79-8(d). Adopted December 20, 1983, to be effective

December 31, 1983; amended July 13, 1994 to be effective September 1, 1994; amended

______________ to be effective _____________.

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III. Issues Considered Without Recommendation

A. Impact on the administration Family Part cases as a result of a

change in mail delivery

The Practice Committee was directed to consider whether a change in U.S. Postal Service

mail delivery, from six days per week to five, would have any material impact on the

administration of Family Part cases. The Practice Committee believes there would be no

material impact on the scheduling of cases if the Postal Service discontinues Saturday delivery of

mail.

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B. Venue for Family arbitrations

The Practice Committee considered whether a rule change was necessary to state that

arbitrations relating to Family Part cases should be overseen by the Family Part. The Practice

Committee believes that arbitrations related to issues encompassed within Part V of the Rules of

Court should be conducted pursuant to the jurisdiction of the Family Part. This conclusion

seems intuitively obvious because any agreement between the parties to arbitrate matrimonial or

family law issues would be in connection with a dispute initiated in the Family Part. As such,

consent orders or agreements to arbitrate must be submitted and incorporated in Family Part

order or judgments. The Practice Committee believes that a rule amendment is not necessary to

accomplish this objective.

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C. Agreements and scripts for use when the court appoints a parenting

coordinator

The Practice Committee considered whether agreements or scripts for the appointment of

parenting coordinators should be adopted. The Practice Committee does not believe such scripts

or agreements are appropriate beyond the model order of appointment referenced in another

section of this report, infra.

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D. Unavailability of the child support guidelines software to private

litigants

The Practice Committee was advised that the software used by the courts to calculate

child support guidelines was not available to the general public. This issue was addressed in the

Practice Committee's 2007-2009 Final Report. At the conclusion of that rules cycle, the

Supreme Court adopted the Practice Committee's recommendation of no rule amendments to

address these issues. See 2007-2009 Final Report at 79 and 86.

This issue has been resolved. The same child support guidelines calculator used by the

courts will be available on the Internet. The Department of Human Services has contracted with

a vendor to provide this web-based application, which is now in beta testing.

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E. Filing a child support judgment and credit report immediately upon

establishment of a support case

The Practice Committee was advised that there was a concern regarding "aggressive"

child support enforcement. This issue was addressed in the Practice Committee's 2007-2009

Final Report. At the conclusion of that rules cycle, the Supreme Court adopted the Practice

Committee's recommendation of no rule amendments to address these issues. See 2007-2009

Final Report at 79 and 86.

The Practice Committee recognizes that the New Jersey State Bar Association, in its

comments to the Supreme Court, agreed with the Practice Committee's recommendation

contained in the 2007-2009 Final Report, but sought an opportunity to make recommendations

on this issue. Accordingly, the Supreme Court allowed this issue to remain on the Family

Practice Committee's 2009-2011 agenda.

Since these issues have been resolved and reported in the past rules cycle, the Practice

Committee recommends no rule change for the reasons expressed in the final report from the

2007-2009 rules cycle.

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F. Permitting the Probation Division to continue administrative

enforcement of child support when a judicial order suspends

enforcement

The Practice Committee considered a request to rescind R. 5:7-10, which sets forth the

procedure for the suspension of child support orders. It has been suggested that the court rule

authorizes the Probation Division to continue child support enforcement after the court grants a

stay, and that such authority effectively overrules a judge. The Practice Committee concludes

that the language of the rule is unambiguous and does not confer upon the Probation Division the

authority to override a court order.

The rule permits the court to exercise its discretion as to the extent of enforcement after

the support order has been suspended. The Practice Committee notes that the comments to this

rule in the Gann publication may be misleading in its statement that "[t]he focus of the rule is to

make clear that while enforcement proceedings are suspended, the underlying obligation is not."

The plain language of the rule, however, provides the courts with an array of options that include

the contemporaneous suspension of certain enforcement remedies and the enforcement of the

underlying obligation.

The Practice Committee determines that no rule amendment is warranted, and

recommends no amendment to R. 5:7-10.

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G. Other Issues relating to civil unions

􀂃 Procedures relating to parentage, other states and federal actions

The Practice Committee considered certain other issues related to the Parentage Act and

how other states and the federal government address civil unions. The Practice Committee

concluded that these are statutory issues that were not within the scope of the Practice

Committee's function and therefore could not be addressed through rule making.

􀂃 Irreconcilable differences cause of action in dissolution of civil unions

This issue focused upon the fact that the civil union statute does not include the

irreconcilable differences cause of action. The Practice Committee believes that this is a

statutory issue that is not within the scope of the Practice Committee's function to make rule

recommendations. In an assignment judge memorandum dated January 22, 2007, however, it

states, "[The] Governor notes in the signing statement to S-1467 that it is his clear understanding

that the new cause of action for divorce based on irreconcilable differences is applicable to civil

unions as well as marriages."

􀂃 Personal jurisdiction to dissolve a civil union

This issue focused upon the jurisdiction of the court to dissolve a civil union that was

entered into in New Jersey, but then both parties no longer reside in New Jersey when seeking

the dissolution. The Practice Committee believes that this is a statutory jurisdictional issue that

is not within the scope of the Practice Committee's function to make rule recommendations.

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􀂃 Whether R. 5:14 (Proceedings to determine parent-child rlationship) should be

gender-neutral

This issue focused upon whether R. 5:14 should be amended to be gender neutral in

recognition of civil unions. After careful consideration, the Practice Committee recommends no

change to R. 5:14, which relates to parentage and the Parentage Act. This is a statutory issue that

is not within the scope of the Practice Committee's function to make rule recommendations.

􀂃 Reverting to a prior name when a civil union is dissolved

This issue focused upon the context of a civil union dissolution and the procedure

surrounding a name change of a party who wishes to revert to a prior name. Pursuant to N.J.S.A.

2A:34-21, the court, upon or after granting a dissolution of a civil union, may allow the partner

to resume any name used by the partner before the civil union or to assume any name. The

Practice Committee believes that, if the court did not order the name change when the judgment

dissolving the civil union was entered, then the party must file a name change petition with the

Civil Division, and that such an application will be heard in the Civil Part.

􀂃 Name change of person when entering into a civil union

This issue focused upon the name change of a civil union partner upon entering into a

civil union. The Practice Committee believes that this issue is governed by statute when

individuals enter into a civil union and it is not within the scope of the Practice Committee's

function to make rule recommendations. See N.J.S.A. 37:1-32.

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H. Motion timeframes

􀂃 Impact of motion timeframes on filing an update Family case information statement

This issue focused upon whether the 2009 amendment to the motion filing timeframes set

forth in R. 5:5-4(c) had an impact on filing an updated Family case information statement

pursuant to R. 5:7-2. Because the last changes to R. 5:5-4 were so recent, the Practice

Committee declines to recommend a further rule change at this time.

􀂃 Motion time frames and page limits

The Practice Committee also considered issues regarding the motion timeframes and

page limits. The first issue focused upon whether eight days is sufficient time for a moving party

to reply to a cross motion in accordance with R. 5:5-4(c). The second issue focused upon

whether a ten page limit provided sufficient opportunity for a moving party to reply to a cross

motion as currently required by R. 5:5-4(b). In both instances, the Practice Committee

recommends no rule change.

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I. Default Judgment

This issue relates to a request that the court require certain certifications regarding a

defendant before the court enters a default judgment, specifically that: (1) the defendant is not a

minor and the defendant is not mentally incapacitated. The Practice Committee recommends no

rule change with regard to this issue.

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J. Venue for irreconcilable differences cause of action

This issue focused upon whether R. 5:7-1 should be amended because same sets forth a

process for determination of venue for extreme cruelty causes of action, but not for irreconcilable

differences causes of action. The Practice Committee recommends no rule change with regard to

this issue.

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K. Procedures for mediators to obtain compensation

This issue, held over from a previous rules cycle, focused upon the procedures for

mediators to obtain payment for services rendered. The Practice Committee recommends

referring this issue to the Complementary Dispute Resolution Committee, which is in the process

of reviewing the Mediator Compensation Guidelines (Rules of Court, Appendix XXVI).

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L. Family case information statement - Requirement for more detail in

the Statement of Assets and Liabilities

This issue focused upon whether R. 5:5-2 should be amended to require more detail in the

CIS form's Statement of Assets and Liabilities. The Practice Committee recommends no rule

change regarding this issue.

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M. Counsel fees for appellate practice

This issue relates to the determination of fees in cases where the Appellate Division

remands to the Family Part an appellate-level counsel fee application. The Practice Committee

believes that this issue is or will be addressed within the Appellate Division and, accordingly, the

Practice Committee declines to recommend a rule change.

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IV. Other Recommendations

A. Parenting Coordinator Pilot Program evaluation

Discussion

􀂃 Background

In its 2004-2007 Final Report, the Practice Committee recommended rules for parenting

coordination. Although the Supreme Court rejected that recommendation, in May 2007, it

authorized a parenting coordinator pilot program. Program guidelines were developed and the

pilot was established in four counties. The Conference of Family Presiding Judges believed that

the guidelines developed for the pilot were too restrictive and limited the program's

effectiveness. The Conference noted that the appointment of a parenting coordinator should be

based on the circumstances of the individual families and therefore it did not fit into strict

statewide guidelines. This belief is based on the success reported by judges from non-pilot

counties.

In 2009, the Conference recommended not to implement a statewide program. The

Conference believed, however, that the guidelines improved the process by establishing a

uniform parenting coordinator appointment order. Anecdotal reports suggest that non-pilot

counties have used this order successfully. Therefore, the Conference recommended the

promulgation of a standard order appointing a parenting coordinator.

This issue has now returned to the Practice Committee for its consideration. The Practice

Committee reviewed the Conference's recommendation and concludes that the adoption of a

uniform order appointing a parenting coordinator would be beneficial to the process. The

Practice Committee further believes that parenting coordination should be ordered only with

consent of the parties. Although the Practice Committee recommends that parenting

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coordinators should be appointed by consent only, it understands that the Conference of Family

Presiding Judges or the Supreme Court may conclude that parenting coordinators should remain

available to the courts regardless of the consent of the parties. Therefore, the Practice

Committee has prepared two model orders of appointment, one to be used when the parties

consent to the appointment (the Practice Committee's recommendation) (Attachment B) and an

alternative order to be used when the court appoints a parenting coordinator on its own motion or

on application by one party, even if the other party objects (Attachment C).

􀂃 Parenting Coordination in New Jersey and Around the Country

The Practice Committee conducted research with respect to parenting coordination

around the country and identified the states, as of 2008, that enacted specific statutes or adopted

rules with respect to parenting coordination. Those jurisdictions are identified later in this report.

The proposed model orders of appointment take into consideration the issues pertaining to access

to privileged information and the Practice Committee recommends a procedure for resolving that

issue if there is a dispute. The proposed orders also state that parent coordinators' retainer

agreements do not provide any authority beyond that set forth in the order of appointment, and

further define that coordinators shall serve for specific terms and deal only with defined issues.

􀂃 New Jersey History

Mediation and parenting coordination are alternative dispute resolution techniques.

Court rules were adopted to govern mediation after a long public dialogue and debate in the

1980's and early 1990's. The parameters and protocol for mediation are prescribed by both court

rule and more recently the mediation privilege statute.

Parenting coordination has been studied and discussed since the 2002-2004 term of the

Practice Committee. Since that time, the Practice Committee has made two recommendations

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for adoption of court rules defining and regulating the procedures, standards and guidelines for

parenting coordination. The Supreme Court adopted neither rule recommendation. It initially

remanded for further review and then authorized a pilot, which defined parenting coordination.

The pilot program provided guidelines for the qualifications of parenting coordinators, created an

approved parenting coordinator roster, limited the appointment of coordinators to those cases in

which an order or an agreement established child custody or parenting time, developed a model

order of appointment, defined general procedures regarding communications with the parenting

coordinator, described the parenting coordinator's right to access third party information and

procedures for grieving and/or terminating the parenting coordinator's services and set forth

guidelines for compensation of the parenting coordinator.

The pilot acknowledged that one primary goal of the parenting coordinator was to

"empower parents to develop and utilize effective parenting skills so that they can resume the

parenting and decision making role without the need for outside intervention." Only if the

parents failed were parenting coordinators empowered to make recommendations, the use of

which were carefully prescribed. In other words, the primary goal was to educate people

sufficiently so that the service was no longer necessary.

About two years after implementation of the pilot, the Conference of Family Presiding

Judges recommended that the "procedures, standards and guidelines in the parenting coordinator

Pilot Project, not be implemented statewide." It proposed no formal rule amendment regarding

use of parenting coordinators. Instead, the Conference concluded that assignments of parenting

coordinators could continue to be made by judges "according to the practices that have continued

in the non-pilot counties, with the provision that the standard Order of Initial Appointment be

promulgated for mandatory use when assignments are made."

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􀂃 Elsewhere

As of 2008, there were sixteen states that had statutes or local court rules governing

parenting coordinator activities. Those states were: Arizona, California, Colorado, Florida,

Georgia, Hawaii, Idaho, Kansas, Minnesota, New Mexico, North Carolina, Ohio, Oklahoma,

Oregon, Texas and Vermont. See Connie J.A., Putterman, Merredith, D., Sabrarra, David A.,

and Mehl, Matthias, R. (2008), "Parenting coordinator roles, program goals and services

provided: insights from the Pema County, Arizona Program," Journal of Child Custody, 5:1,

122-139. The process is used more informally without court rule or statutory authorization in

many other jurisdictions, including New York, New Hampshire, Massachusetts, Missouri,

Indiana, New Jersey, and Canada. See Fidler, Barbara Joe and Epstein, Phillip, "Parenting

coordination in Canada: An Overview of Legal and Practices issues," Journal of Child Custody,

5:1, 53-87 (June 2008).

A survey of online literature pertaining to parenting coordination makes clear that

parenting coordinator use appears to have evolved into three broad purposes: (1) to teach parents

conflict resolution strategies that help them shift their energy from fighting to focusing on

children; (2) to help mediate or adjust implementation of parenting agreements and to resolve

disagreements over parenting plans and necessary flexibility in connection with implementation

of parenting plans; and (3) if consensus is not obtainable, to arbitrate a decision, which is not

final unless approved by a court.

One commentator from Massachusetts, Robin Deutch, a psychologist at Massachusetts

General Hospital, and a leading authority in the field, has been quoted as saying that a parenting

coordinator's job ultimately is ". . . to get rid of yourself. After a period of time you might hear

from [the parents] twice a year to develop a new schedule and then you don't hear from them at

all." See Reischel, Julia, "Parent Coordinators", Lawyers Weekly, June 1, 2009, page 2. Deutsch

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has been quoted in another online publication as concluding that parenting coordination should

be used most frequently, immediately following a high conflict divorce in a limited post divorce

period to help parents bridge the gap between angry, emotional conflict prone interactions, to

more respectful and business like communication. Deutsch also has been quoted as saying,

"[F]or most families, the parenting coordinator job is pretty much done after a year or two". See

www.nepsy.com, July 2007, Schnitzler, Nan, "NH legislation seeks to put children first," page 2.

Concerns, Conclusions and Recommendations

Practically, the anecdotal experience of members of the Practice Committee is that

parenting coordinators mostly fulfilled the role of interacting with dysfunctional litigants so that

they would not need to burden the court with their disputes. Although delegation was not

permitted, parenting coordinators practically assumed control over mundane implementation and

minor adjustments of parenting plans that became emotionally charged issues in a high conflict

family dynamic. Rarely did litigants challenge a recommendation of a parenting coordinator

once it was formerly made, probably because they believed the court likely would adopt it.

In the current landscape in New Jersey, litigants are free to agree and judges are free to

order the appointment of anyone as a parenting coordinator, without regard to their

qualifications, training or licenses, either before or after an order or agreement for custody is in

place. Unlike mediation, there are no court rules regulating any issue pertaining to parenting

coordinators, as the Supreme Court has determined the adoption of a rule pertaining to parenting

coordinators is not appropriate. The only formal controls on parenting coordinators pursuant to

the recommendations of the Conference of Family Presiding Judges are the parameters of the

currently approved model order of appointment, which references sources of information the

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parenting coordinator may access, communication with the parenting coordinator by litigants and

counsel, provisions for termination, grievance, compensation, and allocation of fees.

The Practice Committee is concerned by the unregulated nature of parenting

coordination. Pursuant to the Conference of Family Presiding Judges' recommendations, there is

no limitation on who may serve as a parenting coordinator. There are no prescribed

qualifications for parenting coordinators by way of education, training or experience. There is

no limitation on the topics they may consider. As originally conceived, parenting coordinators

were to take pressure off of courts by assisting high conflict families to resolve implementation

issues with respect to parenting plans. They were not to determine custody or make

recommendations concerning same, but to facilitate people to negotiate simple issues dealing

with implementation of a plan already agreed upon and monitoring potential small changes to

accommodate special situations and emergencies. Those limitations no longer formally exist.

The Practice Committee also is concerned about the scope of authority that parenting

coordinators have co-opted for themselves in the engagement letters that are presented to

litigants who use them. It is not unusual for engagement letters to authorize and require litigants

to accept services of new professionals that the parenting coordinator believes should be

introduced into their lives whether they want it or not. Parenting coordinators also are a financial

burden for many because they create another expense pertaining to the divorce process, which

continues even after the divorce is completed. There are other concerns as well and we suggest

the following additions to the model order of appointment, which have been incorporated into

the proposed model orders.

1. The time period for the parenting coordinator's appointment should be clearly

defined and circumscribed. At the end of a fixed time period, during which the coordinators

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either will have been successful educating family members to deal with conflicts themselves or

failed in that role, the service term should end. Parenting coordinator should not become third

party members of families for the duration of a child's unemancipated status.

2. There should be a limitation on the ability of a parenting coordinator to require

parties to sign releases and obtain information that would otherwise be privileged to each parent.

If there is an objection, the court should resolve it. The parents' privileges and rights should be

distinguished from the parenting coordinator's ability to access otherwise private information

pertaining to the children.

3. The order must make clear that parenting coordinators, absent consent of the

parties to the contrary, cannot revise custody agreements or parenting plans, or conduct parenting

or custody evaluations or make recommendations regarding those issues.

4. The issue of termination of a parenting coordinator's services or grievance

procedure and protocol should remain, but those provisions should be applicable to the role of a

parenting coordinator during the term of the appointment. At the conclusion of the term of the

appointment, the parenting coordinator's services are over, unless the parties agree that the

parenting coordinator should be reappointed. Parenting coordination either will have been

successful in accomplishing what was the primary goal to begin with (to assist parties and to

teach the parties how to function and co-parent without the need for services of third parties), or

not. If it has not been successful, unless the parties agree to the contrary, then the Practice

Committee believes that disputes about what should happen to children should be determined by

a court on proper presentation of evidence. Courts make decisions according to law and an

aggrieved party has a right to review by that tribunal.

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5. Engagement letters of parenting coordinators should extend authority no further

than the terms of the order of appointment that the parties agree upon.

6. Most importantly, parenting coordinators who work with litigants will be more

successful if parents are confident in them. The selection of a parenting coordinator should

occur after each litigant has had an opportunity to meet the proposed coordinator. If one of the

coordinator's responsibilities is to teach and to foster communication and make recommendations

based upon disputes that exist, then the litigants must at least start the process, before the

coordinator deals with any specific issue, of trusting the parent coordinator. A relationship

where there is bad chemistry from the beginning because of personality conflicts between the

coordinator and one litigant is doomed to failure and is doomed to cause one litigant to feel the

coordinator does not like him or her.

Traditionally, in New Jersey, parenting coordinators are selected by the lawyers who try

to learn as much as they can about the proposed coordinator from their contacts and network

before agreeing to a specific person. They try to match their perception of the personality of a

client they represent with the coordinator being considered. The goal, however, is not to match

the lawyers' personality with the coordinator's; it is to match the litigant with the coordinator.

Therefore, the Practice Committee recommends that coordinators not be appointed or engaged

unless there is an opportunity for each litigant to meet with the coordinator, and that the litigant

must pay for this introductory time. The Practice Committee makes no recommendation as to

whether that meeting should be a joint meeting or an individual meeting. If a meeting is not

practical, then at least a telephone consultation should occur.

The Practice Committee believes people who desire to use parenting coordination as a

form of alternative dispute resolution should be able to do so. They should be able to select

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whomever they trust and agree to whatever terms they determine appropriate in connection with

the utilization of the parenting coordinator's services. They should be able to refer to the

parenting coordinator any issue pertaining to their family that they voluntarily agree to do.

The Practice Committee has doubts about whether litigants should be compelled to use

parenting coordination if they do not wish to use it. Many members of the Practice Committee

do not believe parties should be compelled to use parenting coordinators unless they agree. A

minority are less certain of this limitation.

The Conference of Family Presiding Judges has determined that parenting coordination

should continue to be a tool available to the court. The Practice Committee recommends that,

when a court appoints a parenting coordinator, it should be pursuant to the revised model order

to address the concerns the Practice Committee has identified in this report. If parenting

coordination is to be implemented only through consent, then the model order of appointment

with the consent provision (Attachment B) should be used, unless the parties agree to modify it

to suit their requirements. If the Supreme Court determines that parenting coordinators can be

designated by the court without a litigant's consent, then the Practice Committee recommends

using the alternative model order of appointment (Attachment C). The Practice Committee

recommends that all future parenting coordinator appointments by the court should be made by

consent using the attached model order of appointment pursuant to a directive issued by the

AOC.

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B. Form agreements and scripts for use when parties seek to arbitrate

family law matters

Discussion

􀂃 Arbitration Consent Orders

The Practice Committee was charged with preparing and recommending a consent order

form when parties seek to arbitrate parenting issues and other issues. The Practice Committee

recommends two form agreements, best described as the "short form" and the "long form." The

"short form" encompasses an agreement to arbitrate pursuant to the Arbitration Act (N.J.S.A.

2A:23B-1 to -32) and the "long form" memorializes an agreement to arbitrate pursuant to the

New Jersey Alternative Procedure for Dispute Resolution Act (APDRA) (N.J.S.A. 2A:23A-1 to -

30). The "short form" is annexed as Attachment D and the "long form" is annexed as

Attachment E.

The Practice Committee does not mean to say that a consent Order form under N.J.S.A.

2A:23B-1 to -32 should be "short," while a Consent Order form pursuant to N.J.S.A. 2A:23A-1

to -30 should be "long." The Practice Committee simply offers both versions for consideration.

Either form could be tailored for use with either statute. In fact, the Practice Committee

concluded that there is no one single form that must govern all consent orders. In both Fawzy v.

Fawzy, 199 N.J. 456 (2009) and Johnson v. Johnson, A-91-09 (N.J. Dec. 10, 2010), the Supreme

Court concluded that the parties could adjust and agree upon the standards of review and

protocol except those that cannot be waived by statute. It is the Practice Committee's

recommendation that both of these model order forms may be promulgated by Administrative

Directive and used by the litigants, as may be appropriate to their circumstances, subject to any

revisions they wish to make that are consistent with the statute selected and any provisions that

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cannot be waived pursuant to the statutes. See, e.g., N.J.S.A. 2A:23B-4.b. and -4.c. In Johnson

v. Johnson, the Supreme Court generally and briefly compares the differences between N.J.S.A.

2A:23B-1 to -32 and N.J.S.A. 2A:23A-1 to -30. Slip op. at 22.

􀂃 Script used when parties seek to arbitrate pursuant to Fawzy v. Fawzy

The Practice Committee also has developed a questionnaire, which contains questions to

be reviewed by attorneys and pro se litigants in connection with their execution of a consent

order or agreement to arbitrate. The questions in the form address the arbitration of financial and

parenting issues. The Practice Committee believes that these questions were important based

upon the explicit terms of the Fawzy decision. The proposed questionnaire is annexed as

Attachment F and totals about 20 questions.

The Practice Committee considered including questions regarding the right to rescind the

agreement to arbitrate, but rejected those questions as unnecessary because rescission could be

addressed in other ways, such as a motion for relief from judgment pursuant to R. 4:50-1.

The questionnaire proposes the addition of a litigant certification. The Practice

Committee believes that the certification addresses both represented and self-represented

litigants. When a litigant appears in court to enter the arbitration consent order, which would

normally conclude the Family Part case, the questionnaire could be marked and retained in the

court's file. The court may ask the same general questions about the questionnaire as it normally

asks about a Property Settlement Agreement, which include, but are not limited to the following

issues: whether consent order was executed voluntarily, knowingly and whether the litigant had a

right to consult with counsel or waived that right. Therefore, following such a procedure

obviates the need to review each and every question in open court.

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The Practice Committee is mindful that the form should be translated in connection with

pro se litigants who do not speak or understand English.

The Practice Committee notes that any forms or scripts must conform to the mandates

contained in Fawzy and other applicable case law. See, e.g., Justice Long's citation reference to

the following in Fawzy:

"In the absence of a consensual understanding, neither party is entitled to force

the other to arbitrate their dispute. Subsumed in this principle is the proposition

that only those issues may be arbitrated which the parties have agreed shall be."

In re Arbitration Between Grover & Universal Underwriters Ins. Co., 80 N.J.

221, 228-29, 403 A.2d 448 (1979). As we stated in Garfinkel v. Morristown

Obstetrics & Gynecology Associates, P.A., 168 N.J. 124, 132, 773 A.2d 665

(2001):

In respect of specific contractual language, "[a] clause depriving a

citizen of access to the courts should clearly state its purpose. The

point is to assure that the parties know that in electing arbitration

as the exclusive remedy, they are waiving their time-honored right

to sue." Marchak [v. Claridge Commons, Inc., 134 N.J. 275, 282,

633 A.2d 531 (1993)]. As we have stressed in other contexts, a

party's waiver of statutory rights "must be clearly and

unmistakably established, and contractual language alleged to

constitute a waiver will not be read expansively." Red Bank Reg'l

Educ. Ass'n [v. Red Bank Reg'l High Sch. Bd. of Educ., 78 N.J.

122, 140, 393 A.2d 267 (1978)]. In the same vein, a "court may

not rewrite a contract to broaden the scope of arbitration[.]" Yale

Materials Handling Corp. v. White Storage & Retrieval Sys., Inc.,

240 N.J. Super. 370, 374, 573 A.2d 484 (App.Div.1990).

[(First and fourth alterations in original).]

Recommendation

(1) The Practice Committee submits two form agreements that address arbitration

pursuant to the Arbitration Act (N.J.S.A. 2A:23B-1 to -32) and the New Jersey Alternative

Procedure for Dispute Resolution Act (APDRA) (N.J.S.A. 2A:23A-1 to -30). Such agreements

may be promulgated by the AOC.

(2) The Practice Committee submits a questionnaire, which contains questions to be

reviewed by attorneys and pro se litigants in connection with their execution of a consent order

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or agreement to arbitrate. Such a questionnaire may be promulgated by the AOC.

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C. Unintended enforcement of support orders against third parties

Discussion

This issue has been on the Practice Committee's agenda in past rules cycles. The Practice

Committee was asked to consider a potential rule change to deal with issues which may arise

from the enforcement of Family Part orders to outside parties not otherwise intended.

The Family Practice Committee's Final Report of the 2002-04 rules cycle stated:

The issue arose as a result of an inquiry forwarded to then Administrative

Director Williams. The person asked that when an order is entered to

attach an individual's pension funds some identifying information should

be provided in order to avoid personal identification problems. The

person wrote:

The problem is the absence of appropriate personal

identification, e.g., social security number, full name with

middle initial and a home address, led Citicorp to flag the

wrong pension account.

. . .

It would appear to me the court system bears a higher level

of responsibility to have processes and procedures in place

that requires lawyers to provide sufficient and irrefutable

information necessary to establish the correct target of a

legal action.

As we all know from the news headlines, identity theft is a

major issue in today's society. But an issue of equal

concern is the incorrect information that may be

disseminated from source to source (including credit

agencies) where someone is wrongly labeled by the actions

of government or by the Court.

The General Procedures and Rules Subcommittee of this Practice

Committee recommended the adoption of a rule that would require orders

directed to third-party agencies to contain the last four digits of a social

security number as well as the individual's date of birth. This Practice

Committee, however, believes that this issue is properly before the

Supreme Court Committee on Public Access to Court Records and

therefore will hold this matter until that Committee has issued its report.

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The issue was carried into the 2007-09 rules cycle because the Committee on Public Access to

Court Records (Public Access Committee) had not yet issued its report. In January 2008, the

Supreme Court published for comment the Public Access Committee's report, which set out

specific rule recommendations. After the Supreme Court considered all comments, including a

submission from the Family Practice Committee, it adopted court rules addressing public access

to court records. Although the Public Access Committee and the resulting court rules addressed

a myriad of issues, they did not address the recommendation to adopt a rule that would require

orders directed to third-party agencies to contain the last four digits of a social security number

and the individual's date of birth.

Recommendation

Therefore, the Practice Committee recommends:

• referring this issue to the Advisory Committee on Public Access to Court Records for

consideration, and

• carrying this issue to the 2011-2013 rules cycle so a rule may be drafted to address the

original issue presented in the 2002-04 rules cycle; such a rule should ensure accurate

identification of individuals who are the subject of enforcement proceedings in Family Part

matters.

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D. Tentative Decisions

Discussion

The Practice Committee encourages the use of tentative decisions pursuant to R. 5:5-4(e).

Both judges and attorneys find that judicial tentative decisions are fairer to litigants, save costs

and are a good tool for judges to resolve cases.

The Practice Committee discussed the procedure to use tentative decision, and although it

did not reach a conclusion regarding same, the Practice Committee believes that a cover sheet,

which may be developed by the Conference of Family Presiding Judges, would be helpful.

Recommendation

The Practice Committee recommends referring this issue to the Conference of Family

Presiding Judges to develop the protocols and instructions for a tentative decision cover sheet.

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V. Matters Held for Consideration

A. Signature of litigant on Uniform Summary Support Order (USSO) and

Notice regarding immediate appeal of a child support hearing officer

recommendation

The Practice Committee discussed, at length, the issue of providing notice to litigants of

the significance of the electronic signature, and the corollary issue of notice regarding immediate

appeal of a recommendation entered by a Child Support Hearing Officer (CSHO). This issue is

significant since the document upon which the signature will appear generally is not printed in

advance of the request for the litigant's signature. The Practice Committee also reviewed R.

5:25-3(d), which sets forth the right of an aggrieved party to seek an immediate appeal of a

CSHO's child support recommendation to the court.

Since a rule amendment addressing this issue could have considerable impact on hearings

conducted by CSHOs, who enter recommendations in a large percentage of child support cases,

the Practice Committee determined that it would be beneficial to seek additional input from the

AOC Family Practice Division before proposing any further amendments to the rules on this

issue. In exploring this issue, the Practice Committee also determined that the USSO may

require further revision to clarify the significance of the parties' signatures on the order.

Accordingly, further discussion of this issue was tabled pending input from AOC Family

Practice Division.

For the reasons set forth above, the Practice Committee recommends carrying this issue

to the 2011-2013 rules cycle for further consideration.

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B. Child Support federal quadrennial review -- issues requiring expert

opinion

􀂃 Quadrennial review: Preliminary Report

The New Jersey Department of Human Services, Division of Family Development

(DHS/DFD) is the state's Title IV-D agency and the lead agency possessing the necessary

resources to procure the extensive review of New Jersey's child support guidelines required by

the federal government. As the New Jersey child support enforcement program has become

larger, more complicated and more sophisticated over its more than thirty years of existence, the

Practice Committee concluded that it would be necessary to engage experts to review the income

shares model to ensure that it still remains viable.

In preparation for the upcoming Quadrennial Review of New Jersey's child support

guidelines, in 2009, DHS/DFD contracted with the New Jersey Child Support Institute of

Rutgers University (Rutgers) to conduct a Child Support Guidelines Working Forum to discuss

policy issues related to the quadrennial review. That forum was attended by members of the

Practice Committee, judges, attorneys, Judiciary staff and DHS/DFD staff. The forum began

with experts' presentations on the history of child support guidelines and their implementation

nationally, the role that economists can and should play in the creation of child support

guidelines, the current economic crisis in New Jersey and its impact on child support, and policy

considerations in structuring child support guidelines.

A compendium developed from the forum was issued in October 2009, which served as a

starting point for the Practice Committee's review. With the experience of the working forum

and the child support issues that have been discussed by the Practice Committee over the past

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few years (in anticipation of the quadrennial review), the Practice Committee discussed at length

the issues that must be addressed within the quadrennial review.

The Practice Committee was principally concerned with ensuring that the child support

guidelines are in compliance with the mandates of the federal Family Support Act, which

requires that the quadrennial review investigate both the rate of compliance with the child

support guidelines and the potential need for adjustments to the guidelines to reflect the

economic realities of families in New Jersey. The Practice Committee recognizes that there are a

number of issues requiring expert economic research before it can comprehensively address any

potential modifications to the formula for calculating child support.

Following the forum, Rutgers entered into a contract with DHS/DFD to provide the

research on those issues related to the quadrennial review that require expert economic advice, so

as to assist the Practice Committee in addressing any potential modifications to the formula for

calculating child support.

Rutgers was asked to address the Practice Committee's concerns regarding whether the

New Jersey Child Support Guidelines accurately capture the cost of raising children in New

Jersey, and specifically to review and make recommendations in the following areas:

• Whether the current model employed to extract data from the Consumer

Expenditure Survey (CEX) should be modified to include expenditures by households for

mortgage principal and car payments which the previous model excluded as "savings."

• Whether the spending categories included in the award amounts can be better

defined, such as a clearer definition of what is included in, and what is excluded from, each of

the categories of expenses covered by the child support awards currently defined as 38% Fixed

Costs (Shelter), 37% Variable Costs (Transportation and Food) and 25% Controlled Costs

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(Clothing, Personal Care, Entertainment and Misc.). An example would be to recommend

whether extraordinary expenses, such as private schooling, a child's automobile, or other special

items, should be excluded from Controlled Costs.

• Whether the percentages for the spending categories used to make adjustments for

parenting time (38%, 37%, and 25%) are still valid, or whether they must be adjusted, or even

realigned in conjunction with a new model or a new definition structure for the categories.

• Whether the minimum and maximum income standards for the child support

guidelines should be adjusted up or down.

• Whether the six child limit of the tables should be adjusted or expanded.

• Whether the poverty level (self support threshold) should be adjusted in light of

research done by Dr. Rodgers (a Rutgers economist who presented at the Child Support Working

Forum).

• Whether the Betson-Rothbarth Marginal Cost Estimator should still be employed,

or whether an alternative estimator of marginal cost, such as the Engel estimator or some new

estimator (e.g., the "Rutgers Estimator") should be created and employed.

• Whether the guidelines should be based upon intact family spending, or whether

single parent household spending should be used.

• Whether the adjustment for children age 12 or older is still viable.

Rutgers drafted a white paper entitled Quadrennial Review: Preliminary Report, dated

October 29, 2010 to address these questions posed by the Practice Committee. The Practice

Committee reviewed the report and has identified a number of issues which require further

analysis. The Practice Committee's Subcommittee on Child Support reviewed the Rutgers

Preliminary Report, providing comments on several areas that required additional examination

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or discussion. The comments were shared with Rutgers and the Practice Committee. The

Practice Committee designated the Subcommittee co-chairs to continue the dialogue with

Rutgers over the ensuing months to resolve these concerns. The Subcommittee co-chairs plan to

meet with Rutgers to discuss these concerns prior to finalizing this Preliminary Report.

Thereafter, DHS/DFD has advised that it intends to enter into a new contract with Rutgers to

undertake the quadrennial review and issue a final report, which will not be completed before the

end of the current rules cycle. Thus, the Practice Committee recommends that it be permitted to

continue to work on this issue beyond the end of the current rules cycle.

􀂃 Social security disability derivative child benefits

The Practice Committee identified accounting for Social Security Disability derivative

child benefits as an additional issue requiring Rutgers' review. Specifically, the current method

of calculating an adjustment to child support for a disability payment on behalf of the child based

upon the work history of one of the parents creates a greater reduction in child support than

simply adding that payment to the income of the custodial parent. The history of the rule

suggests that this method was selected specifically to amplify the child support reduction when a

non-custodial parent becomes disabled and the children are receiving social security benefits

based on the disabled non-custodial parent's work history.

In practice, this exaggerated reduction works well when the non-custodial parent

becomes disabled. When the custodial parent becomes disabled, however, the child's household

income is usually significantly reduced by the custodial parent's loss of earning capacity. To

further this family's financial hardship by applying the exaggerated child support reduction

contradicts basic principles of child support public policy. The non-custodial parent, whose

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circumstances have not changed, should not benefit from a financial windfall at the expense of

the child.

The temporary solution to this concern was to explain the concern in the line instructions

for child income and indicate that where a child's household income is reduced due to the

disability, fundamental fairness may require deviation from the guidelines to avoid further

financial hardship.

An assessment of the methods used around the country to adjust child support to account

for Social Security derivative dependent child benefits would greatly assist the Practice

Committee in recommending a method of adjustment that is applied equally and fairly,

regardless of which parent is disabled.

􀂃 Calculation of overnight adjustments and joint custody

The Practice Committee, as part of the quadrennial review, also will review the

calculation of overnight adjustments and the calculation of true 50% joint custody.

􀂃 Health care insurance cost for parents with means tested income

The Practice Committee also will review the calculation involving a reduction of child

support for health care insurance cost when the custodial parent has no countable income (e.g.,

Supplemental Security Income (SSI) or General Assistance (GA)).

Conclusion and Recommendation

All issues identified in this section of the report should be resolved within context of

quadrennial review. As they all relate to the formula for calculating child support, the Practice

Committee recommends that these items be added to the list of items to be included in the

expert's scope of work for the quadrennial review of New Jersey's Child Support Guidelines.

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Furthermore, the Practice Committee recommends that its Subcommittee on Child

Support be permitted to continue its review of these issues beyond the end of the current rules

cycle to ensure continuity of the monitoring of the quadrennial review.

The Practice Committee further recommends that all issues related to the child support

guidelines should be consolidated and carried to the next rules cycle. Therefore, the Practice

Committee reserves its recommendations of these issues for the next rules cycle.

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C. Requirement to file an application for Title IV-D services when child

support is sought and payable through the Probation Division

The Practice Committee identified an issue relating to child support cases supervised by

the Probation Division, but no application for Title IV-D services has been executed. The

Practice Committee believes it is beneficial to families, users of the court system, and court staff

for a completed Title IV-D application to be submitted when child support is being sought and

administered by the Probation Division.

Pursuant to 42 U.S.C. § 669, et seq., states are required to collect and report accurately

child support enforcement data to the federal government. In part, this information is used by the

federal government to determine the amount of incentive payments to the states based on their

success in meeting certain performance goals. Child support incentive funding is based on

performance ratios for various federal performance measures. The federal Office of Child

Support Enforcement (OCSE) conducts Data Reliability Audits (DRA) to ensure that the

performance ratios reported to the federal government are supported by accurate and reliable

data. If the DRA indicates that the NJKIDS data is not accurate and reliable, the federal

government can withhold funding on one or more performance measures. If program

requirements are not met, the federal government can impose performance penalties. States must

have a well documented audit trail that consists of the case information used to compile the line

items that will be used to calculate incentives. If audit results determine that data needed to

compute current incentive measures is incomplete or unreliable, the state will not be eligible for

an incentive payment for measures reliant on this data and the amounts otherwise payable to the

state may be reduced.

Supreme Court Family Practice Committee

2009‐2011 Final Report

117

One critical element of the DRA that the states must meet is the existence of completed

Title IV-D applications in each child support case file. Failure to maintain copies of the

application in Title IV-D child support case records could result in the loss federal child support

incentive funding. The benefits of requiring the filing of a Title IV-D application in every child

support case and payment of support through the New Jersey Family Support Payment Center

(NJFSPC) include:

• Clarity to bench, bar, litigants and court staff, resulting in more efficient and

faster delivery of support to families;

• Reduction in the number of cases on the automated system where no Title IV-D

applications have been filed and increased eligibility for federal funding; and

• Enhancement of audit compliance, resulting in increased federal reimbursements

and incentive payments, and reduced penalties for noncompliance.

The Practice Committee acknowledges that rule amendments pertaining to these issues

would impact DHS/DFD, Probation Division and Family Division practices and policies. For

that reason, the Practice Committee recommends seeking input from these stakeholders before

advancing any recommendations.

The Practice Committee recognizes that the Judiciary and DHS/DFD are continuing their

joint review of these issues and recommends that this issue be deferred to the next rules cycle,

after completion of stakeholder review.

Supreme Court Family Practice Committee

2009‐2011 Final Report

118

D. Clarification of R. 5:7-5(b) regarding whether child support is

presumed to be paid through the Probation Division or Family

Support Payment Center (NJFSPC)

Rule 5:7-5 provides that all orders that include child support shall be paid through

immediate income withholding; however, the rule does not specify that the support must be paid

through Probation or the NJFSPC. The Practice Committee believes that rule should be read in

pari materia with N.J.S.A. 2A:17-56.13, which mandates that until such time as the state

establishes a state disbursement unit, every award of alimony, maintenance or child support must

be made through the Probation Division, unless the court, for good cause shown, otherwise

orders.

The current rule is unclear as to the requirement for the order to be paid through

Probation, if not specified in the order. In some vicinages, the local Probation Division

establishes and administers the child support case. In other vicinages, however, the support

order is considered to be directly paid between the parties with no Probation supervision. Child

support orders and property settlement agreements containing child support provisions

incorporated into dissolution orders frequently lack specificity as to which form of collection is

intended, causing confusion and delays in the payment of support to families. The Practice

Committee believes that the court rule must be clear as to the collection options to be selected in

court orders and agreements.

The Practice Committee reviewed this issue and determined that it would be in the best

interests of families, court staff, and child support program administration for continued review

of this issue to clarify that R. 5:7-5 requires that support shall be payable through the NJFSPC,

unless the court, for good cause, otherwise orders. This would be consistent with N.J.S.A.

2A:17-56.13 and 42 U.S.C. § 654B. The Practice Committee also believes that the Part V rules

Supreme Court Family Practice Committee

2009‐2011 Final Report

119

regarding the payment of support and enforcement require significant redrafting as explained in

subsection E below. Therefore, the Practice Committee makes no recommendation for a rule

amendment in this cycle, but recommends carrying this issue to the next rules cycle.

Supreme Court Family Practice Committee

2009‐2011 Final Report

120

E. Restructuring of the Part V Rules

The Part V rules, particularly R. 5:7-4 and R. 5:7-5, are difficult to use in their current

form. Provisions relating to child support are disjointed and not logically structured.

The Practice Committee recommends a complete review and restructuring of the Part V

rules as to child support in the next cycle to make them more cohesive and user-friendly.

Restructuring would eliminate redundancies and inconsistencies, and clarify the Probation

Division's responsibilities in support matters. Therefore, the Practice Committee reserves its

recommendations of this issue for the next rules cycle.

Supreme Court Family Practice Committee

2009‐2011 Final Report

121

F. Family case information statement

􀂃 Clarification on when to file the CIS and when to apply for counsel fees

This issue focused upon seeking clarification as to the necessity of filing a CIS in

applications seeking modification and in applications seeking enforcement of prior orders. The

issue also focused upon seeking clarification as to when to submit an application for an award of

counsel fees. The Practice Committee believes that this issue requires further review and

therefore recommends carrying it to the next rules cycle.

􀂃 Certification as to redaction of confidential personal identifiers

This issue focused upon the question of who is being asked to certify in the CIS as to the

redaction of Confidential Personal Identifiers in documents filed with the court. The Practice

Committee believes that this issue requires further review and therefore recommends carrying it

to the next rules cycle.

Supreme Court Family Practice Committee

2009‐2011 Final Report

122

Committee Members and Staff

Hon. Marie E. Lihotz, J.A.D., Chair

Hon. Julio L. Mendez, P.J.F.P., Vice-Chair

Lesley Renee Adams, Esq.

Jane R. Altman, Esq.

Ivette Ramos Alvarez, Esq.

Lorraine M. Augostini, Esq.

Patrick J. Boyle, Esq.

Hon. John L. Call, P.J.F.P.

Lauren Fleischer Carlton, Esq.

Carolyn V. Chang, Esq.

Laurence J. Cutler, Esq.

Hon. William R. DeLorenzo, Jr., J.S.C.

Madelin Einbinder, Esq.

Hon. Nan S. Famular, J.S.C.

John E. Finnerty, Esq.

Thomas Fisken, Esq.

Hon. Catherine M. Fitzpatrick, P.J.F.P.

Bonnie C. Frost, Esq.

Hon. Robert J. Gilson, J.S.C.

Monica C. Gural, Esq.

Stephen J. Hyland, Esq.

Lee M. Hymerling, Esq.

Hon. Eugene A. Iadanza, J.S.C.

Greg Lambard

Jennifer Lazor, Esq.

Frank A. Louis, Esq.

Madeline M. Marzano-Lesnevich, Esq.

Hon. Hany A. Mawla, J.S.C.

Mary M. McManus-Smith, Esq.

Hon. E. David Millard, P.J.F.P.

Gary Mitchell, Esq.

Hon. Bonnie J. Mizdol, P.J.F.P.

Joseph Mollica

Hon. Thomas M. Moore, J.S.C.

Lynn Fontaine Newsome, Esq.

Jeyanthi Rajaraman, Esq.

Annie Mok Rawson, Esq.

Hon. Patricia B. Roe, P.J.F.P.

Richard A. Russell, Esq.

Cynthia L. Samuels, Esq.

Edward S. Snyder, Esq.

Hon. Maureen P. Sogluizzo, P.J.F.P.

Charles F. Vuotto, Jr., Esq.

Marybeth Wood, Esq.

Harry T. Cassidy, Asst. Director, AOC Staff

David Tang, Esq., AOC Staff

Respectfully submitted,

Hon. Marie E. Lihotz, J.A.D., Chair

Date: January 20, 2011

Supreme Court Family Practice Committee

2009‐2011 Final Report

123

List of Attachments

A. Family Case Information Statement

B. Order Appointing Parenting Coordinator (Consent)

C. Order Appointing Parenting Coordinator (Without Consent)

D. Consent Order for Arbitration (pursuant to N.J.S.A. 2A:23B-1 to -32)

E. Consent Order for Arbitration (pursuant to N.J.S.A. 2A:23A-1 to -30)

F. Questions Regarding Agreement to Arbitrate Family Matter

Promulgated by __________________ (mm/dd/yyyy), CN 10482-English Page 1 of 9

[Appendix V]

FAMILY PART CASE INFORMATION STATEMENT

This form and attachments are confidential pursuant to Rules 1:38-3(d)(1) and 5:5-2(f)

Attorney(s):

Office Address

Tel. No./Fax No.

Attorney(s) for:

SUPERIOR COURT OF NEW JERSEY

Plaintiff, CHANCERY DIVISION, FAMILY PART

vs. COUNTY

Defendant. DOCKET NO.

CASE INFORMATION STATEMENT

OF ____________________________

NOTICE: This statement must be fully completed, filed and served, with all required attachments, in accordance with Court

Rule 5:5-2 based upon the information available. In those cases where the Case Information Statement is required, it

shall be filed within 20 days after the filing of the Answer or Appearance. Failure to file a Case Information

Statement may result in the dismissal of a party’s pleadings.

PART A - - CASE INFORMATION: ISSUES IN DISPUTE:

Date of Statement Cause of Action

Date of Divorce, Dissolution of Civil Union or Termination of

Domestic Partnership (post-Judgment matters)

Custody

Date(s) of Prior Statement(s) Parenting Time

Alimony

Your Birthdate Child Support

Birthdate of Other Party Equitable Distribution

Date of Marriage, or entry into Civil Union or Domestic

Partnership

Counsel Fees

Date of Separation Other issues (be specific)

Date of Complaint

Does an agreement exist between parties relative to any issue? [ ] Yes [ ] No. If Yes, ATTACH a copy (if written) or a

summary (if oral).

1. Name and Addresses of Parties:

Your Name _____________________________________________________________________________________________

Street Address _________________________________________________ City_________________ State/Zip_________

Other Party’s Name _______________________________________________________________________________________

Street Address _________________________________________________ City_________________ State/Zip_________

2. Name, Address, Birthdate and Person with whom children reside:

a. Child(ren) From This Relationship

Child’s Full Name Address Birthdate Person’s Name

________________________ _________________________________ ______________ _________________________

b. Child(ren) From Other Relationships

Child’s Full Name Address Birthdate Person’s Name

________________________ _________________________________ ______________ _________________________

Promulgated by __________________ (mm/dd/yyyy), CN 10482-English Page 2 of 9

PART B - - MISCELLANEOUS INFORMATION:

1. Information about Employment (Provide Name & Address of Business, if Self-employed)

Name of Employer/Business ___________________________ Address ___________________________________________

__________________________________________________

Name of Employer/Business ___________________________ Address ___________________________________________

__________________________________________________

2. Do you have Insurance obtained through Employment/Business? Yes No. Type of Insurance:

Medical Yes No; Dental Yes No; Prescription Drug Yes No; Life Yes No; Disability Yes No

Other (explain) _________________________________________________________________________________________

Is Insurance available through Employment/Business? Yes No Explain:_________________________________

________________________________________________________________________________________________________

3. ATTACH Affidavit of Insurance Coverage as required by Court Rule 5:4-2 (f) (See Part G)

4. Additional Identification:

Confidential Litigant Information Sheet: Filed Yes No

5. ATTACH a list of all prior/pending family actions involving support, custody or Domestic Violence, with the Docket

Number, County, State and the disposition reached. Attach copies of all existing Orders in effect.

PART C. - INCOME INFORMATION: Complete this section for self and (if known) for [spouse] other party.

1. LAST YEAR’S INCOME

Yours Joint [Spouse or

Former Spouse]

Other Party

1. Gross earned income last calendar (year) $______________ $______________ $______________

2. Unearned income (same year) $______________ $______________ $______________

3. Total Income Taxes paid on income (Fed., State,

F.I.C.A., and S.U.I.). If Joint Return, use middle

column.

$______________

4. Net income (1 + 2 - 3) $______________ $______________ $______________

ATTACH to this form a corporate benefits statement as well as a statement of all fringe benefits of employment. (See Part G)

ATTACH a full and complete copy of last year’s Federal and State Income Tax Returns. ATTACH W-2 statements, 1099’s,

Schedule C’s, etc., to show total income plus a copy of the most recently filed Tax Returns. (See Part G)

Check if attached: Federal Tax Return State Tax Return W-2 Other

2. PRESENT EARNED INCOME AND EXPENSES

Yours Other Party

(if known)

1. Average gross weekly income (based on last 3 pay periods –

ATTACH pay stubs)

Commissions and bonuses, etc., are:

included not included* not paid to you.

$______________

*ATTACH details of basis thereof, including, but not limited to, percentage overrides, timing of payments, etc.

ATTACH copies of last three statements of such bonuses, commissions, etc.

2. Deductions per week (check all types of withholdings): $______________ $______________

Federal State F.I.C.A. S.U.I. Other

3. Net average weekly income (1 - 2) $______________ $______________

Promulgated by __________________ (mm/dd/yyyy), CN 10482-English Page 3 of 9

3. YOUR CURRENT YEAR-TO-DATE EARNED INCOME

Provide Dates: From _____________ To _____________

1. GROSS EARNED INCOME: $ Number of Weeks_________

2. TAX DEDUCTIONS: (Number of Dependents: )

a. Federal Income Taxes a. $___________________________

b. N.J. Income Taxes b. $___________________________

c. Other State Income Taxes c. $___________________________

d. FICA d. $___________________________

e. Medicare e. $___________________________

f. S.U.I. / S.D.I. f. $___________________________

g. Estimated tax payments in excess of withholding g. $___________________________

h. h. $___________________________

i. i. $___________________________

TOTAL $___________________________

3. GROSS INCOME NET OF TAXES $ $___________________________

4. OTHER DEDUCTIONS If mandatory, check box

a. Hospitalization/Medical Insurance a. $___________________________ [ ]

b. Life Insurance b. $___________________________ [ ]

c. Union Dues c. $___________________________ [ ]

d. 401(k) Plans d. $___________________________ [ ]

e. Pension/Retirement Plans e. $___________________________ [ ]

f. Other Plans—specify f. $___________________________ [ ]

g. Charity g. $___________________________ [ ]

h. Wage Execution h. $___________________________ [ ]

i. Medical Reimbursement (flex fund) i. $___________________________ [ ]

j. Other: j. $___________________________ [ ]

TOTAL $___________________________

5. NET YEAR-TO-DATE EARNED INCOME:

$___________________________

NET AVERAGE EARNED INCOME PER MONTH:

$___________________________

NET AVERAGE EARNED INCOME PER WEEK

$___________________________

4. YOUR YEAR-TO-DATE GROSS UNEARNED INCOME FROM ALL SOURCES (including, but not

limited to, income from unemployment, disability and/or social security payments, interest, dividends,

rental income and any other miscellaneous unearned income)

Source How often paid Year to date amount

__________________________________________________ __________________ $_______________

TOTAL GROSS UNEARNED INCOME YEAR TO DATE $_________________

Promulgated by __________________ (mm/dd/yyyy), CN 10482-English Page 4 of 9

5. ADDITIONAL INFORMATION:

1. How often are you paid? ______________________________________________________________________________

2. What is your annual salary? $ _____________________________________________________________________

3. Have you received any raises in the current year? Yes No. If yes, provide the date and the gross/net amount.

___________________________________________________________________________________________________

4. Do you receive bonuses, commissions, or other compensation, including distributions, taxable or non-taxable, in addition to

your regular salary? Yes No. If yes, explain:

___________________________________________________________________________________________________

5. Did you receive a bonuses, commissions, or other compensation, including distributions, taxable or non-taxable, in addition

to your regular salary during the current or immediate past calendar year? Yes No If yes, explain and state the date(s)

of receipt and set forth the gross and net amounts received:

____________________________________________________________________________________________________

6. Do you receive cash or distributions not otherwise listed? Yes No If yes, explain. ______________________

___________________________________________________________________________________________________

7. Have you received income from overtime work during either the current or immediate past calendar year? Yes No

If yes, explain. ____________________________________________________________

8. Have you been awarded or granted stock options, restricted stock or any other non-cash compensation or

entitlement during the current or immediate past calendar year? Yes No If yes, explain. __________________

___________________________________________________________________________________________________

9. Have you received any other supplemental compensation during either the current or immediate past calendar year?

Yes No. If yes, state the date(s) of receipt and set forth the gross and net amounts received. Also describe the nature

of any supplemental compensation received._______________________________________________________

__________________________________________________________________________

10. Have you received income from unemployment, disability and/or social security during either the current or

immediate past calendar year? Yes No. If yes, state the date(s) of receipt and set forth the gross and net amounts

received.____________________________________________________________________________________

11. List the names of the dependents you claim:_____________________________________________________________

12. Are you paying or receiving any alimony? Yes No. If yes, how much and from or to whom?___________

____________________________________________________________________________________________________

13. Are you paying or receiving any child support? Yes No. If yes, list names of the children, the amount paid or

received for each child and to whom paid or from whom received. ___________________________________________

____________________________________________________________________________________________________

14. Is there a wage execution in connection with support? Yes No If yes explain.______________________________

___________________________________________________________________________________________________

15. Has a dependent child of yours received income from social security, SSI or other government program during either

the current or immediate past calendar year? Yes No. If yes, explain the basis and state the date(s) of receipt

and set forth the gross and net amounts received _________________________________________________________

__________________________________________________________________________

16. Explanation of Income or Other Information:

__________________________________________________________________________

Promulgated by __________________ (mm/dd/yyyy), CN 10482-English Page 5 of 9

PART D - - MONTHLY EXPENSES (computed at 4.3 wks/mo.)

Joint Marital or Civil Union Life Style should reflect standard of living established during marriage or civil union. Current

expenses should reflect the current life style. Do not repeat those income deductions listed in Part C – 3.

Joint [Marital] Life Style

Family, including

_____ children

Current Life Style

Yours and

_____ children

SCHEDULE A: SHELTER

If Tenant:……………………………………………………….

Rent…………………………………………………………. $___________________ $___________________

Heat (if not furnished)………………………………………. $___________________ $___________________

Electric & Gas (if not furnished)……………………………. $___________________ $___________________

Renter’s Insurance…………………………………………... $___________________ $___________________

Parking (at Apartment)……………………………………… $___________________ $___________________

Other charges (Itemize)……………………………………... $___________________ $___________________

If Homeowner:

Mortgage ……………………………………………………. $___________________ $___________________

Real Estate Taxes (if not included w/mortgage payment)… $___________________ $___________________

Homeowners Ins. (if not included w/mortgage payment)… $___________________ $___________________

Other Mortgages or Home Equity Loans …………………… $___________________ $___________________

Heat (unless Electric or Gas)………………………………… $___________________ $___________________

Electric & Gas………………………………………………... $___________________ $___________________

Water & Sewer………………………………………………. $___________________ $___________________

Garbage Removal……………………………………………. $___________________ $___________________

Snow Removal………………………………………………. $___________________ $___________________

Lawn Care…………………………………………………… $___________________ $___________________

Maintenance…………………………………………………. $___________________ $___________________

Repairs……………………………………………………….. $___________________ $___________________

Other Charges (Itemize)……………………………………... $___________________ $___________________

Tenant or Homeowner:

Telephone……………………………………………………... $___________________ $___________________

Mobile/Cellular Telephone…………………………………... $___________________ $___________________

Service Contracts on Equipment…………………………….. $___________________ $___________________

Cable TV…………………………………………………….. $___________________ $___________________

Plumber/Electrician………………………………………….. $___________________ $___________________

Equipment & Furnishings…………………………………… $___________________ $___________________

Internet Charges……………………………………………... $___________________ $___________________

Other (itemize)………………………………………………. $___________________ $___________________

TOTAL $___________________ $___________________

SCHEDULE B: TRANSPORTATION

Auto Payment……………………………………………….. $___________________ $___________________

Auto Insurance (number of vehicles: )……………………... $___________________ $___________________

Registration, License………………………………………... $___________________ $___________________

Maintenance……………………………………………….. $___________________ $___________________

Fuel and Oil…………………………………………………. $___________________ $___________________

Commuting Expenses………………………………………. $___________________ $___________________

Other Charges (Itemize)…………………………………….. $___________________ $___________________

TOTAL $___________________ $___________________

Promulgated by __________________ (mm/dd/yyyy), CN 10482-English Page 6 of 9

SCHEDULE C: PERSONAL……………………………………….. Joint [Marital] Life Style

Family, including

_____children

Current Life Style

Yours and

_____ children

Food at Home & household supplies .................................... $___________________ $___________________

Prescription Drugs ................................................................ $___________________ $___________________

Non-prescription drugs, cosmetics, toiletries & sundries...... $___________________ $___________________

School Lunch........................................................................ $___________________ $___________________

Restaurants ........................................................................... $___________________ $___________________

Clothing................................................................................ $___________________ $___________________

Dry Cleaning, Commercial Laundry..................................... $___________________ $___________________

Hair Care .............................................................................. $___________________ $___________________

Domestic Help...................................................................... $___________________ $___________________

Medical (exclusive of psychiatric)* ..................................... $___________________ $___________________

Eye Care* ............................................................................. $___________________ $___________________

Psychiatric/psychological/counseling* ................................. $___________________ $___________________

Dental (exclusive of Orthodontic*........................................ $___________________ $___________________

Orthodontic*......................................................................... $___________________ $___________________

Medical Insurance (hospital, etc.)* ...................................... $___________________ $___________________

Club Dues and Memberships................................................ $___________________ $___________________

Sports and Hobbies............................................................... $___________________ $___________________

Camps................................................................................... $___________________ $___________________

Vacations .............................................................................. $___________________ $___________________

Children’s Private School Costs ........................................... $___________________ $___________________

Parent’s Educational Costs ................................................... $___________________ $___________________

Children’s Lessons (dancing, music, sports, etc.)................. $___________________ $___________________

Babysitting............................................................................ $___________________ $___________________

Day-Care Expenses............................................................... $___________________ $___________________

Entertainment ....................................................................... $___________________ $___________________

Alcohol and Tobacco............................................................ $___________________ $___________________

Newspapers and Periodicals ................................................. $___________________ $___________________

Gifts...................................................................................... $___________________ $___________________

Contributions ........................................................................ $___________________ $___________________

Payments to Non-Child Dependents..................................... $___________________ $___________________

Prior Existing Support Obligations this family/other families

(specify) ...............................................................................

$___________________

Tax Reserve (not listed elsewhere) ...................................... $___________________ $___________________

Life Insurance....................................................................... $___________________ $___________________

Savings/Investment............................................................... $___________________ $___________________

Debt Service (from page 7) (not listed elsewhere) ............... $___________________ $___________________

Parenting Time Expenses ..................................................... $___________________ $___________________

Professional Expenses (other than this proceeding) ............. $___________________ $___________________

Other (specify) ..................................................................... $___________________ $___________________

*unreimbursed only…………………………………………………...

TOTAL $___________________ $___________________

Please Note: If you are paying expenses for a spouse or civil union partner and/or children not reflected in this budget, attach a

schedule of such payments.

Schedule A: Shelter…………………………………………………… $___________________ $___________________

Schedule B: Transportation…………………………………………… $___________________ $___________________

Schedule C: Personal……………….…………………………………. $___________________ $___________________

Grand Totals…………………………………………………………... $___________________ $___________________

Promulgated by __________________ (mm/dd/yyyy), CN 10482-English Page 7 of 9

PART E - BALANCE SHEET OF ALL FAMILY ASSETS AND LIABILITIES

STATEMENT OF ASSETS

Description

Title to

Property

([H, W]

P, D, J)1

Date of purchase/acquisition. If

claim that asset is exempt, state

reason and value of what is

claimed to be exempt

Value $

Put * after exempt

Date of

Evaluation

Mo./Day/ Yr.

1. Real Property

2. Bank Accounts, CD’s

3. Vehicles

4. Tangible Personal Property

5. Stocks and Bonds

6. Pension, Profit Sharing, Retirement Plan(s), 40l(k)s, etc. [list each employer]

7. IRAs

8. Businesses, Partnerships, Professional Practices

9. Life Insurance (cash surrender value)

10. Loans Receivable

11. Other (specify)

TOTAL GROSS ASSETS: $

TOTAL SUBJECT TO EQUITABLE DISTRIBUTION: $

TOTAL NOT SUBJECT TO EQUITABLE DISTRIBUTION: $

1 P = Plaintiff; D = Defendant; J = Joint

Promulgated by __________________ (mm/dd/yyyy), CN 10482-English Page 8 of 9

STATEMENT OF LIABILITIES

Description

Name of

Responsible

Party

([H, W] P,

D, J)

If you contend liability should

not be considered in equitable

distribution, state reason

Monthly

Payment

Total

Owed

Date

1. Real Estate Mortgages

2. Other Long Term Debts

3. Revolving Charges

4. Other Short Term Debts

5. Contingent Liabilities

TOTAL GROSS LIABILITIES: $

(excluding contingent liabilities)

NET WORTH: $

(subject to equitable distribution)

Promulgated by __________________ (mm/dd/yyyy), CN 10482-English Page 9 of 9

PART F - - STATEMENT OF SPECIAL PROBLEMS

Provide a Brief Narrative Statement of Any Special Problems Involving This Case: As example, state if the matter involves complex

valuation problems (such as for a closely held business) or special medical problems of any family member, etc.

I certify that, other than in this form and its attachments, confidential personal identifiers have been redacted from

documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with

Rule 1:38-7(b).

I certify that the foregoing information contained herein is true. I am aware that if any of the foregoing

information contained therein is willfully false, I am subject to punishment.

DATED: SIGNED:

PART G - REQUIRED ATTACHMENTS

CHECK IF YOU HAVE ATTACHED THE FOLLOWING REQUIRED DOCUMENTS

1. A full and complete copy of your last federal and state income tax returns with all schedules and attachments. (Part C-1) _____

2. Your last calendar year’s W-2 statements, 1099’s, K-1 statements. _____

3. Your three most recent pay stubs. _____

4. Bonus information including, but not limited to, percentage overrides, timing of payments, etc.;

the last three statements of such bonuses, commissions, etc. (Part C) _____

5. Your most recent corporate benefit statement or a summary thereof showing the nature, amount and

status of retirement plans, savings plans, income deferral plans, insurance benefits, etc. (Part C) _____

6. Affidavit of Insurance Coverage as required by Court Rule 5:4-2(f) (Part B-3) _____

7. List of all prior/pending family actions involving support, custody or Domestic Violence, with the

Docket Number, County, State and the disposition reached. Attach copies of all existing Orders in effect. (Part B-5) _____

8. Attach details of each wage execution (Part C-5)

9. Schedule of payments made for a spouse or civil union partner and/or children not reflected in Part D. _____

10. Any agreements between the parties. _____

11. An Appendix IX Child Support Guideline Worksheet, as applicable, based upon available information. _____

Promulgated by ______________ (mm/dd/yyyy), CN ##### Page 1 of 4

Attorney(s) for _______________

SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION - FAMILY PART

COUNTY OF

DOCKET NO.:

Plaintiff,

Defendant.

Civil Action

ORDER APPOINTING

PARENTING COORDINATOR

(CONSENT)

THIS MATTER having been opened to the Court by ____________________, Esq.,

attorneys for the Plaintiff, and __________________, Esq., attorneys for the Defendant, and the

parties having agreed that it is in the best interests of the child(ren) that a Parenting Coordinator

be appointed to assist the parties in resolving their conflicts as here defined, and the parties

having approved the coordinator designated; for good cause having been shown;

IT IS ON THIS ________ DAY OF ___________, 20__, ORDERED AS FOLLOWS:

1. APPOINTMENT: _____________________, located at ___________________is

appointed as Parenting Coordinator for the term of _______________ to ______________.

2. ROLE OF PARENTING COORDINATOR: The Parenting Coordinator shall serve to

attempt to assist the parties to resolve conflicts related to the following issues:

________________________________________________________________________

_______________________________________________________________________.

The Parenting Coordinator also shall seek to assist the parties to learn strategies to avoid

conflict regarding their child(ren). The Parenting Coordinator shall not have the authority

to change existing Orders of the Court unless the parties consent and enter into a Consent

Promulgated by ______________ (mm/dd/yyyy), CN ##### Page 2 of 4

Order. The Parenting Coordinator shall not have authority to conduct parenting time or

custody evaluations or to make recommendations concerning said issues.

3. NO CONFIDENTIALITY: All communications from the parties and/or their lawyers to the

Parenting Coordinator and/or from the Parenting Coordinator to the parties and/or their

lawyers shall not be deemed confidential, but rather shall be admissible in evidence, under

New Jersey Rules of Evidence and Rules of Court.

4. RECOMMENDATIONS: If the Parenting Coordinator can not foster agreement

regarding the issues assigned to him/her, then he/she will make recommendations to the

parties (and their respective attorneys) directly. If either party objects to the

recommendation, and refuses to be bound by the same, either party may apply to the

court pursuant to the Rules for determination of the issues. In connection with any such

application, either party may submit the Parenting Coordinator's recommendation and any

additional relevant evidence, in accordance with the Rules of Court. The court may assess

counsel fees pursuant to the Rules in connection with said application. The parties shall

provide notice to the Parenting Coordinator of any application to the court related to

recommendations the Coordinator has made.

5. SOURCES OF INFORMATION: Except as set forth herein, each party is ordered to

provide the Parenting Coordinator with all requested information including the signing of

all releases requested for non privileged collateral contacts. The Parenting Coordinator

may have contact with any professional for the children. If the parties agree, the

Parenting Coordinator may have access to any other individual the parenting coordinator

deems necessary to perform the coordinator’s duties. If the parties disagree as to whether

the Coordinator should have access to any specific person or whether a parent has to sign

an authorization pertaining to him or herself, then the Court shall determine the issue on

application.

6. SCOPE: The Parenting Coordinator may make recommendations to the parties about

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issues identified in the Order of Appointment.

7. PROTOCOL: Consistent with this Rule, the Parenting Coordinator may determine the

protocol of all communications, interviews, and sessions including who shall or may

attend the meetings.

8. COMMUNICATION: The parties and their attorneys shall have the right to initiate or

receive oral one-sided communication with the Parenting Coordinator but the fact of such

communication shall be made known to the other party contemporaneously with its

occurring through confirmatory written memorialization. Any party or counsel may

communicate in writing with the Parenting Coordinator provided that copies are provided

to the other party and counsel simultaneously. Copies of any documents, tape recordings

or other electronic material that one party gives to the Parenting Coordinator must also be

given contemporaneously to the other party or his/her attorney.

9. ALLOCATION OF FEES: The Parenting Coordinator's reasonable and customary fees

shall be paid by the parties as follows: plaintiff _____% and defendant ______%. In the

event of a request for reallocation of fees and costs, the Parenting Coordinator may submit

recommendations concerning this issue.

10. PARENTING COORDINATOR’S RETAINER AGREEMENT: The parenting coordinator’s

retainer agreement shall mirror the terms of this Order of Appointment. The parenting

coordinator’s retainer agreement shall not provide any authority beyond that set forth in this

Order of Appointment.

11. RETAINER: The parties will pay to the Parenting Coordinator a joint retainer in the

percentages referred to above, or as may be modified by the Court.

12. TESTIMONY: All testimony by the Parenting Coordinator in connection with these

proceedings or other proceedings involving any or all of the participants in this

proceeding shall be deemed expert testimony if qualified and shall be paid accordingly.

13. COOPERATION OF THE PARTIES: In the event the Parenting Coordinator believes

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either party has been recalcitrant and/or non-cooperative and thereby has interfered with

the parenting coordinating process, that view shall be communicated in writing to the

parties and their attorneys, who may then petition the court for appropriate relief,

including, but not limited to, sanctions, counsel fees, and the remedies set forth in Rule

5:3-7.

14. TERMINATION/GRIEVANCE: During the term of the Parenting Coordinator’s

appointment, the Coordinator may withdraw from service at any time, on ten days notice

to the parties and the court, if she/he determines resignation to be in the best interests of

the children or she/he is unable to serve out the term set forth in this order. A party

having a complaint or grievance shall discuss the matter with the Parenting Coordinator in

person in an attempt to resolve it before pursuing it in any other manner. If the issue

remains unresolved, the aggrieved party shall submit a written letter detailing the complaint or

grievance to the Parenting Coordinator with a copy to the other party, both attorneys (if any), and to

the attorney for the child(ren) or Guardian ad Litem if one is in place. The Parenting Coordinator

shall within ten (10) days provide a written response to both parties and the attorneys. The

Parenting Coordinator at his/her discretion may schedule a meeting or conference call with the

attorneys or with the attorneys and the parties in an effort to resolve the complaint. In situations

where the grievance or complaint is not resolved by this process, the dissatisfied party may

request a court hearing to address and resolve the issues that have been raised.

______________________________

J.S.C.

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Attorney(s) for _______________

SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION - FAMILY PART

COUNTY OF

DOCKET NO.:

Plaintiff,

Defendant.

Civil Action

ORDER APPOINTING

PARENTING COORDINATOR

(WITHOUT CONSENT)

THIS MATTER having been opened by the Court on its own motion, or on the

application of ____________________, Esq., attorneys for the Plaintiff Defendant, on

notice to __________________, Esq. the attorneys for the Plaintiff Defendant, and the

Court having determined that it is in the best interests of the child(ren) that a Parenting

Coordinator be appointed to assist the parties in resolving their conflicts as here defined; and

good cause having been shown; and