SUPPORT ISSUES AFTER DV CASE

SUPPORT ISSUES AFTER DV

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

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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)