Other support and personal property IN DV CASES

Other support and personal property - An order requiring that the defendant make or

continue to make rent or mortgage payments on the residence occupied by the victim

if the defendant is found to have a duty to support the victim or other dependent

household members; provided that this issue has not been resolved or is not being

litigated between the parties in another action. [N.J.S.A. 2C:25-29b(8).]

IV - 18

An order granting either party temporary possession of specified property,

such as an automobile, checkbook, documentation of health insurance, an

identification document, a key, and other personal effects.

An order awarding emergency monetary relief, including emergency support

for minor children, to the victim, and other dependents, if any. An ongoing

obligation of support shall be determined at a later date pursuant to applicable law.

[N.J.S.A. 2C:25-29b(10).]

The court should determine, where necessary, the issue of paternity and the

duty to support. If the defendant has a duty to support, as established by a prior

finding of paternity, a Certificate of Paternity, an admission of paternity, or a

presumption of paternity based on marriage, the court should review the available

information, apply the Child Support Guidelines if appropriate and enter a support

order payable through income withholding. The order should be referenced in the

FRO and entered on the two page support order form, payable and enforced through

probation. In the event paternity of defendant is not established, any money paid for

child support may be refunded to the defendant in accordance with applicable case

law. The method by which the court determined paternity shall be indicated on the

order.

If paternity has not been established, the court may order genetic testing and

employ the same procedures used by the county in FD matters. In this instance the

judge should enter an FRO including all of the other reliefs and restraints. This case

will be “disposed” in FACTS with a standing FRO. When the results of the genetic

test are received, the case should be reopened on the court’s motion for a hearing on

the paternity and support issues. All proceedings are held on the FV docket before a

judge.

Following the entry of an order under the FV docket, all subsequent

applications between the parties involving paternity, custody, parenting time and

support shall be taken and heard under the FV docket. A separate FD complaint

should not be opened to address these issues. However, this section should not be

construed to prevent a party from filing a dissolution complaint.

If an FRO has been entered with relief granted and there is an FD which has

been filed but no orders yet entered, the FD will be dismissed and all subsequent

applications/modifications (e.g., support, custody, parenting time) shall be made

under the FV, so long as the FV is still in effect. If there is a pending FM, all reliefs

except the restraints shall be incorporated into the FM with the restraints continuing

in the FV docket and on the FRO. Subsequent applications or modifications for

support, custody or parenting time should take place within the FM docket number.

The FV should be reopened and modified as needed so the FM and FV are

consistent.

After support has been entered on the FV, an application to dismiss the FRO

and continue the support order should be addressed pursuant to the procedures in the

FD manual (section 1104) to ensure that the support continues.

In processing an FV case where there is an existing FD case, the following

provisions of the FD manual should be employed. The following is what is stated in

Section 1104 of the Non-Dissolution Manual, Standing/Pre-Existing FD Order Prior

to an FV Case which has been approved by the Conference of Family Presiding

Judges:

If there exists a previous FD order addressing custody/parenting

time and/or child support, prior to the filing of a domestic violence

action, that order shall be preserved under the FD docket. The FD

court file must be forwarded to the judge hearing the FRO or

continued TRO for review and any adjustment to the FD order to

insure conflicting orders do not exist. The FD order should be

referenced in the FV order to insure all affected parties, divisions and

agencies are aware of the multiple orders. The FD file shall be joined

to the FV file for as long as the FV case is active. For tracking

purposes, a comment should placed in FACTS indicating that the FD

court jacket is with the FV team. The FV team should link the cases

in FACTS to so that the FD and FV cases are scheduled at the same

time for any future court action.

When any party wishes to file for a modification of the FD order

during the life of the domestic violence restraining order, that case

must be heard by the judge hearing the current FV matter. Parties

should be referred to the FV team for scheduling of their FD case

while the restraining order is active. A reference to the FV restraining

order should be visible on any revised FD order and provided to all

entities that might be affected by the revision (i.e., parties, child

support enforcement, supervised visitation).

If the FV action is dismissed the judge will determine the

continued status of the FD order and note that determination on the

FV dismissal order, and on a new FD order, if necessary. At that

time the jacket shall be returned to the FD team and noted in FACTS

case comments.

If the FV case has child support, the Probation Division should be

sent copies of all modified FRO and indefinite TRO orders. If the

retraining order is dismissed, the DV indicator must be updated by

Family staff and a copy of the dismissed restraining order must be

forwarded to Probation.

If there is a restraining order in effect and the plaintiff begins to

IV - 20

receive welfare, the County Board of Social services shall be able to

file a complaint for support under a new FD docket.

NOTE: Normal FACTS/ACSES data entry procedures must be

completed.

End of quotation from the Non-Dissolution Manual.

It is important to note that enforcement of support obligations or emergent

monetary relief can be civil or criminal. If emergent monetary relief is entered under

Part I of the FRO, then enforcement is by way of criminal contempt and mandatory

arrest pursuant to N.J.S.A. 2C:29-9b. (See Section VI)