Elective Share of Spouse 

 What is my share of my spouse's estate if I elect to take against the will of my deceased spouse?
In general, a surviving spouse dissatisfied with his or her share under the will of the deceased spouse may renounce the will and elect to take his or her statutory share of the testatorís entire estate. The surviving spouse is entitled to one-third of the estate provided that at the time of death, the surviving spouse and decedent had not been living separate and apart in different habitations. Generally, the surviving spouse must elect to take his/her elective share by filing a complaint within six months after the appointment of a personal representative of the decedent's estate.
Whether to elect to take against a Will is a decision that cannot be made without comprehensive information regarding the affairs of the spouses. This is not a matter for self-help and referral to an attorney familiar with estate administration is normally required.
3B:8-1 Elective share of surviving spouse of person dying domiciled in this State
What is my share of my spouse's estate if I elect to take against the will of my deceased spouse?
In general, a surviving spouse dissatisfied with his or her share under the will of the deceased spouse may renounce the will and elect to take his or her statutory share of the testator's entire estate. The surviving spouse is entitled to one-third of the estate provided that at the time of death, the surviving spouse and decedent had not been living separate and apart in different habitations. Generally, the surviving spouse must elect to take his/her elective share by filing a complaint within six months after the appointment of a personal representative of the decedent's estate.
Whether to elect to take against a will is a decision that cannot be made without comprehensive information regarding the affairs of the spouses. This is not a matter for self-help and referral to an attorney familiar with estate administration is normally required.
The following is the revised New Jersey Law on Elective share of surviving spouse
NJSA 3B:8-1 Elective share of surviving spouse

3B:8-1 Elective share of surviving spouse or domestic partner of person dying domiciled in this State; conditions.

If a married person or person in a domestic partnership dies domiciled in this State, on or after May 28, 1980, the surviving spouse or domestic partner has a right of election to take an elective share of one-third of the augmented estate under the limitations and conditions hereinafter stated, provided that at the time of death the decedent and the surviving spouse or domestic partner had not been living separate and apart in different habitations or had not ceased to cohabit as man and wife, either as the result of judgment of divorce from bed and board or under circumstances which would have given rise to a cause of action for divorce or nullity of marriage to a decedent prior to his death under the laws of this State.
Amended 2005, c.331, s.7.

3B:8-2. Elective share of surviving spouse or domestic partner of person dying not domiciled in this State.
If a married person or person in a domestic partnership not domiciled in this State dies, the right, if any, of the surviving spouse or domestic partner to take an elective share in property in this State is governed by the law of the decedent's domicile at death.
Amended 2005, c.331, s.8.

3B:8-3. Meaning of "augmented estate."
The "augmented estate" means the estate reduced by funeral and administration expenses, and enforceable claims, to which is added the value of property transferred by the decedent at any time during marriage, or during a domestic partnership, to or for the benefit of any person other than the surviving spouse or domestic partner, to the extent that the decedent did not receive adequate and full consideration in money or money's worth for the transfer, if the transfer is of any of the following types:
a. Any transfer made after May 28, 1980, under which the decedent retained at the time of his death the possession or enjoyment of, or right to income from, the property;
b. Any transfer made after May 28, 1980, to the extent that the decedent retained at the time of his death a power, either alone or in conjunction with any other person, to revoke or to consume, invade or dispose of the principal for his own benefit;
c. Any transfer made after May 28, 1980, whereby property is held at the time of decedent's death by decedent and another with right of survivorship;
d. Any transfer made, after May 28, 1980, if made within 2 years of death of the decedent, to the extent that the aggregate transfers to any one donee in either of the years exceed $3,000.00.
Amended 2005, c.331, s.9.

3B:8-4. Valuing property transferred
Property transferred in the manner set forth in N.J.S. 3B:8-3 is valued as of the decedent's death except that property given irrevocably to a donee during the lifetime of the decedent is valued as of the date the donee came into possession or enjoyment of the property if that occurs first.

3B:8-5. Transfers excluded.
Any transfer of property shall be excluded from the augmented estate under N.J.S. 3B:8-3, if made with the written consent or joinder of the surviving spouse or domestic partner. There shall also be excluded from the augmented estate any life insurance, accident insurance, joint annuity or pension payable to a person other than the surviving spouse or domestic partner.
Amended 2005, c.331, s.10.

3B:8-6. Other property to be included in augmented estate.
There shall also be included in the augmented estate:
a. The value of property owned by the surviving spouse or domestic partner at the time of, or as a result of, the decedent's death to the extent that the property is derived from the decedent by means other than by testate or intestate succession without a full consideration in money or money's worth; and
b. The value of the property described in subsection a. hereof which has been transferred by the surviving spouse or domestic partner at any time during marriage or domestic partnership without a full consideration in money or money's worth to any person other than the decedent which would have been includable in the spouse's or domestic partner's augmented estate if the surviving spouse or domestic partner had predeceased the decedent.
Income earned by included property prior to the decedent's death is not treated as property derived from the decedent.
Amended 2005, c.331, s.11.

3B:8-7. Property derived from decedent.
For the purposes of N.J.S. 3B:8-6, property derived from the decedent includes, but is not limited to, any beneficial interest of the surviving spouse or domestic partner in a trust created by the decedent during his lifetime, any property appointed to the spouse or domestic partner by the decedent's exercise of a general or special power of appointment also exercisable in favor of others than the spouse or domestic partner, any proceeds of insurance, including accidental death benefits on the life of the decedent attributable to premiums paid by him, any lump sum immediately payable and the commuted value of the proceeds of annuity contracts under which the decedent was the primary annuitant attributable to premiums paid by him, the commuted value of amounts payable after the decedent's death under any public or private pension, disability compensation, death benefit or retirement plan, exclusive of the Federal Social Security system, by reason of service performed or disabilities incurred by the decedent, the value of the share of the surviving spouse or domestic partner resulting from rights in community property acquired in any other state formerly owned with the decedent and the value of any rights of dower and curtesy. Premiums paid by the decedent's employer, his partner, a partnership of which he was a member, or his creditors, are deemed to have been paid by the decedent.
Amended 2005, c.331, s.12.

3B:8-8. Valuation of property derived from decedent.
For the purposes of valuing property derived from the decedent as provided in N.J.S. 3B:8-6:
a. Property owned by the spouse or domestic partner at the decedent's death is valued as of the date of decedent's death; and
b. Property transferred by the spouse or domestic partner is valued at the time the transfer became irrevocable, or at the decedent's death, whichever occurs first.
Amended 2005, c.331, s.13.
3B:8-9. Presumption as to property owned or previously transferred by spouse or domestic partner at decedent's death.
Property owned by the surviving spouse or domestic partner as of the decedent's death, or previously transferred by the surviving spouse or domestic partner, is presumed to have been derived from the decedent except to the extent that any party in interest establishes that it was derived from another source.
Amended 2005, c.331, s.14.

3B:8-10. Waiving right to an elective share.
The right of election of a surviving spouse or domestic partner and the rights of the surviving spouse or domestic partner may be waived, wholly or partially, before or after marriage before, on or after May 28, 1980, by a written contract, agreement or waiver, signed by the party waiving after fair disclosure. Unless it provides to the contrary, a waiver of "all rights" (or equivalent language) in the property or estate of a present or prospective spouse or domestic partner or a complete property settlement entered into after or in anticipation of separation, divorce or termination of a domestic partnership is a waiver of all rights to an elective share by each spouse or domestic partner in the property of the other and a renunciation by each of all benefits which would otherwise pass to him from the other by intestate succession or by virtue of the provisions of any will executed before the waiver or property settlement.
Amended 2005, c.331, s.15.
3B:8-11. Who may exercise the right to take an elective share.
The right of election to take an elective share by a surviving spouse or domestic partner may be exercised only during his lifetime. In the case of a surviving spouse or domestic partner for whom the court has appointed a guardian to manage his estate, the right of election may be exercised only by order of the court making the appointment after finding that the election is necessary to provide adequate support of the surviving spouse or domestic partner during his probable life expectancy.
Amended 2005, c.331, s.16.
3B:8-12. Filing complaint for elective share; extension of time.
The surviving spouse or domestic partner may elect to take his elective share in the augmented estate by filing a complaint in the Superior Court within 6 months after the appointment of a personal representative of the decedent's estate. The court may, before the time for election has expired and upon good cause shown by the surviving spouse or domestic partner, extend the time for election upon notice to persons interested in the estate and to distributees and recipients of portions of the augmented estate whose interests will be adversely affected by the taking of the elective share.
Amended 2005, c.331, s.17.
3B:8-13. Notice of hearing.
The surviving spouse or domestic partner shall give notice of the time and place set for hearing to persons interested in the estate and to the distributees and recipients of portions of the augmented estate whose interests will be adversely affected by the taking of the elective share.
Amended 2005, c.331, s.18.
3B:8-14 Withdrawal of demand for an elective share.

The surviving spouse or domestic partner may withdraw his demand for an elective share at any time before entry of a final judgment by the court.
Amended 2005, c.331, s.19.
3B:8-15. Fixing amount of elective share; payment of elective share
The court shall determine the amount of the elective share and shall order its payment from the assets of the augmented estate or by contribution as appears appropriate in the manner as hereinafter set forth in this chapter. If it appears that a fund or property included in the augmented estate has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession thereof, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than he would have been if relief had been secured against all persons subject to contribution.

3B:8-16. Enforcing judgment
The judgment of the court made pursuant to N.J.S. 3B:8-15 may be enforced as other judgments are enforced by law.

3B:8-17. Value of surviving spouse's or domestic partner's interest in any life estate.
3B:8-17. Value of surviving spouse's or domestic partner's interest in any life estate.
In an action for an elective share, the electing spouse's or domestic partner's total or proportional beneficial interest in any life estate in real or personal property or in any trust shall be valued at one-half of the total value of the property or trust or of the portion of the property or trust subject to the life estate.
Amended 2005, c.331, s.20.

3B:8-18. Satisfaction of elective share.
The amount of the surviving spouse's or domestic partner's elective share shall be satisfied by applying:
a. The value of all property, estate or interest therein, owned by the surviving spouse or domestic partner in his own right at the time of the decedent's death from whatever source acquired, or succeeded to by the surviving spouse or domestic partner as a result of decedent's death notwithstanding that the property, estate or interest or part thereof, succeeded to by the surviving spouse or domestic partner as the result of decedent's death has been renounced by the surviving spouse or domestic partner;
b. The value of the property described in subsection b. of N.J.S. 3B:8-6, and
c. The remaining property of the augmented estate is so applied that liability for the balance of the elective share of the surviving spouse or domestic partner is equitably apportioned among the recipients of the augmented estate in proportion to the value of their interests therein.
Amended 2005, c.331, s.21.

3B:8-19. Persons subject to contribution.
Only original transferees from, or appointees of, the decedent and their donees, to the extent the donees have the property or its proceeds, are subject to the contribution to make up the elective share of the surviving spouse or domestic partner. A person liable to contribution may choose to give up the property transferred to him or to pay its value as fixed in the manner provided in N.J.S. 3B:8-4.

Passage of Termination of Child Support Law February 1, 2017 NJ

Passage of Termination of Child Support Law

   This new child support law establishes 19 as the age when a child support and/or medical support obligation will end. The new law allows for child and/or medical support to continue up to age 23 for cases in which the dependent is still in high school; attending full-time college, vocational or graduate school; is disabled; if the parties reached a separate agreement; or, if continued support was granted by the court.

The effective date of the law is February 1, 2017, and applies to all child support orders.

Families with a child age 22 3 /4 or older as of February 1, 2017, will be mailed a Notice of Child Support Obligation Termination on February 1, 2017, with child support ending on May 1, 2017 (and not the child's 19th birthday) as the new law is phased in. Families with a child between the ages of 22 1/2 and 22 3/4 on February 1, 2017, will be mailed a Notice of Child Support Obligation Termination on February 1, 2017, with child support ending on August 1, 2017 (and not the child's 19th birthday) as the new law is phased in.

Families with a child between the ages of 18 1/2 and 22 1/2 as of February 1, 2017, will be mailed a Notice of Proposed Child Support Obligation Termination on February 1, 2017, with child support ending on August 1, 2017 (and not necessarily the child's 19th birthday) as the new law is phased in. This Notice will contain information on how to request a continuation of child support as well as how the amount of child support may change.

If your Judgment of Divorce (JOD) or support order specifies a termination date other than the dependent's 19th birthday, that date will stand and you will not be permitted to request an administrative continuation of support. However, you still may receive a termination notice and be asked to send in a copy of the JOD or order containing the termination date.

If you have a dependent turning 19 after August 1, 2017, you will receive a Notice of Proposed Child Support Obligation Termination 180 days before your child's 19th birthday.

If there is no response to the first notice, a second Notice of Proposed Child Support Obligation Termination will be sent out 90 days before the dependent's 19th birthday. If no continuation is granted after the second notice, the order of support will end as of the child's 19th birthday. Both parties will receive an updated order reflecting this change.

If back child support is owed when the child support terminates, the non-custodial parent still is responsible for paying that off and the order will still be enforced for the arrears.

If you receive an updated order for continued support and wish to oppose it, you may file an application or motion with the court. If there are younger children on the order in addition to the 19-year-old (or older) child(ren), parents may file an application or motion with the court to adjust the child support amount.

In order to ensure that all notices and informational updates are received, please confirm that the Child Support Program has your most current mailing address, cell phone number and email address.

Source: http://www.njchildsupport.org/Services-Programs/Custodial-Parents/Termination.aspx

Child support Termination Law Basics

Q. What does this new termination of child support law do?

A. The new termination law establishes that child support ends automatically on the day that the child marries, dies, enters military service or turns 19 years old.

source http://www.njchildsupport.org/Services-Programs/Custodial-Parents/Termination/Termination-FAQs.aspx#basics1

Q. What is the effective date of this law?

A. The effective date of the law is February 1, 2017, and the law will apply to all New Jersey child support orders issued before, on, or after that effective date. the first "Notices of Proposed Child Support Obligation Termination" and "Notices of Child Support Obligation" will be mailed to parents on February 1, 2017.

Q. Can child support be continued beyond the child's 19th birthday?

A. Yes, if a different age is specified in a court order or the custodial parents submits a "Request for Continuation of Support" form with supporting documentation as proof that the child is either:

1 Still enrolled in high school or other secondary-educational program;

2 Still enrolled full time in college or other post-secondary education program; or

3 Has a physical or mental disability, as determined by a federal or state governmental agency that existed prior to the child reaching the age of 19 and requires continued support.

Q. Can a child support obligation be exempt from automatic termination upon the child's 19th birthday?

A. Yes. A court order that specifies a different age of termination exempts that support obligation from automatically ending. Child support cannot extend beyond the date the child reaches age 23. Parents may still receive a "Notice of Proposed Child Support Obligation Termination" even if they have such an order. If this occurs, either parents must return the "Request for Continuation of Support" form with a copy of the court order that includes the termination date. Upon receiving the form and the order, the assigned Probation Unit will update the case record to reflect the termination date in the court order (as long as it is before the child's 23rd birthday).

Also, child support shall be exempt from automatic termination if the child is still receiving support in an out-of-home placement through the Division of Child Protection and Permanency (DCP&P) in the Department of Children and Families (DCF) past the age of 19. Child support will end upon notification by DCP&P that the child is no longer in placement or the child's 23rd birthday, whichever occurs first.

Q. Will I be notified prior to the termination of child support?

A. Yes. For support orders that are being supervised by the Probation Division of the Superior Court, both the custodial and non-custodial parent will receive a "Notice of Proposed Child Support Obligation Termination" 180 days before the child support obligation termination date. If no response is received, a "Second Notice of Proposed Child Support Obligation Termination" will be sent out 90 days before the child support obligation termination date. If the child on the case is already over the age of 23 or approaching his/her 23rd birthday or other court-ordered termination date, both parents will receive a "Notice of Child Support Obligation Termination" 90 days prior to the obligation termination date. Please make sure that the Child Support Program has your current mailing address on file so that termination notices are sent to the correct address.

Q. If a custodial parent requests a continuation of child support beyond the child's 19th birthday, must he or she provide a new proposed termination date?

A. Yes; all "Request for Continuation of Support" forms must contain a future date in which child support would end and it must be before the child's 23rd birthday. The proposed end date must be supported by any documentation provided. For example, if the request for continuation is based on the child remaining a high school student, the proposed future termination date should be the child's expected high school graduation date.

Q. Can child support be continued beyond the child's 23rd birthday?

A. No; "child support" cannot continue past the child's 23rd birthday. The parent or the child may petition the court to convert the child support to another form of financial maintenance or financial support for a child that has reached the age of 23. This order, should it be granted, would not be considered "child support," and is not enforceable or monitored through a Probation Unit.

Q. What does "financial maintenance" mean?

A. Financial maintenance means court-ordered support that is outside of the child support program and therefore not enforceable by the Probation Child Support Enforcement Unit (PCSE). The court may still order a parent to pay toward the cost of raising and/or supporting a dependent past his/her 23rd birthday. For example, the court may order one parent to pay toward the cost of the child's college tuition or medical expenses.

Q. Does the obligation to provide medical support and/or medical coverage also end when the child support obligation is terminated?

A. Yes; all court-ordered obligations to pay or provide medical coverage will end when the child support ends. However, custodial parents may file a motion or application to request medical be enforced until the child's 23rd birthday. If not court ordered, either parent may voluntarily provide medical coverage for their child through their employer up until the age of 26 according to federal law and up until 31 under New Jersey law if certain conditions are met.

Q. I have two children, one is under the age of 19 and one is over the age of 19. The older child is not eligible for a continuation of child support. Does this mean they will both be automatically terminated?

A. No; the termination of child support only will apply to the child that is over the age of 19, if there is no other termination date specified in the court order. The obligation to pay support for the younger child will continue.

Situations for which child support may continue after age 19

High school/college or other secondary/post-secondary education

Q. Will termination of child support be automatic or will one of the parties have to file with the court for termination? If it is automatic, what happens if the child is still a full-time student?

A. Termination is automatic upon the child's 19th birthday. If the child is a full-time student and under the age of 23, the custodial parent must submit the "Request for Continuation of Support" form, along with the necessary documentation and both parents will be notified whether the request for continuation of support was approved.

Q. If a child is 19, still in high school and does not plan on attending college after graduate, will child support be terminated?

A. No. If the custodial parents submits the "Request for Continuation of Support" with supporting documentation from the high school that the child is still a student then support should continue. The child's projected high school graduation date will then be determined as the date of termination.

Q. My child is 19 years old and currently in college or will be starting college. How can continuation be requested and what documentation is needed to support the request?

A. The custodial parent must send in the "Request for Continuation of Support" form that was mailed with the "Notice of Proposed Child Support Obligation Termination" along with proof from the college or other post-secondary institution that the dependent is currently enrolled in what the institution considers full-time status.

Q. Can child support continue if my child takes a semester off from college?

A. It depends. If Probation is notified of the break in educational status, the situation will be reviewed on a case-by-case basis and the decision will depend on the facts and documentation provided. If the Probation Department is unable to determine that the child will resume full-time college-student status, the custodial parent may need to file with the court to request that child support continue based on exceptional circumstances.

Situations for which child support may continue after age 19 - Disability

Q. If my child has a disability, can I request child support beyond their 19th birthday?

Yes; if you are a custodial parent with a child support case for a dependent with a disability, you may return the "Request for Continuation of Support" form that is attached to your "Notice of Proposed Child Support Obligation Termination" with supporting documentation from a government agency that provides services to individuals with disabilities. This documentation must confirm that the child has a physical, intellectual or developmental disability that existed prior to his/her reaching the age of 19 and requires continued support. Support through the child support program may only be continued until the dependent's 23rd birthday. However, the parent or the dependent may petition the court to convert the child support obligation to another form of financial maintenance or financial support beyond the age of 23.

Situations for which child support may continue after age 19 - Prior Court Order

Q. I have a Judgment of Divorce (JOD) that states the child support shall terminate upon the child's graduation from college. Will child support terminate when the child graduates college or the child's 19th birthday?

Child support will terminate upon graduation as specified in the court order as long as the dependent is under age 23. If the parties agree that support should continue, their agreement will be outside of the child support program.

Parents still may receive a "Notice of Proposed Child Support Obligation Termination" because the Judgment of Divorce specifies an event and not a specific age or date. If that is the case, the custodial or non-custodial parent must submit a copy of the order and proof of college enrollment with the anticipated graduation date so that it can be verified.

Continuation Request Process

Q. How long do I have to request a continuation of support?

The "Request for Continuation of Support" form and acceptable supporting documentation must be received no later than 45 days prior to the termination date in order to be considered. The due date will be specified in your notice. Any request form received past that due date will not be considered. At that point, the requesting party will have to file a petition with the court to request a continuation.

Q. What if I forget to send in the supporting documentation with my "Request for Continuation of Support," or I send in the wrong document?

As long as the correct documentation is received before the deadline indicated on the form, it will be accepted for review. In order for a request to be reviewed in a timely manner, please include a copy of the original "Request for Continuation of Support" when sending in the correct documentation. Another copy of this form can be requested from the online customer account or by calling 1-877-655-4371.

Q. What if I lose or never receive a "Request for Continuation of Support" form?

A copy of the "Notice of Proposed Child Support Obligation Termination" which includes the "Request for Continuation of Support" can be mailed to you by logging into your account on www.njchildsupport.org. You also  may request that the document be resent to you by calling 1-877-655-4371. Please make sure that the Child Support Program has your current mailing address on file. Addresses can be updated online.

Q. My child is now 23 years or age. I've received notice informing me that my child support will be terminated, what effective date will be used?

A. Any current case with a dependent age 23 or older will be sent a "Notice of Child Support Obligation Termination" on February 1, 2017. The termination date will be May 1, 2017, and not the child's 19th birthday, regardless of the dependent's actual age.

Q. My child is 21 years old and working full time. S/he is not a college student. What effective date will be used to terminate the child support obligation?

A. Any current case with a dependent between the ages of 19 and 23 will be sent "Notice of Proposed Child Support Obligation Termination" on February 1, 2017, with a termination date of August 1, 2017, not the child's 19th birthday. If no response is received to the first notice and a termination date has not been modified by a court order, a "Second Notice of Proposed Child Support Obligation Termination" will be sent on May 1, 2017. If support is not continued, the child support obligation will terminate on August 1, 2017.

Q. If I do not agree with the termination or continuation of support, what can I do?

A. If you do not agree with the "Determination of Request for Continuation of Support" finding, you may file a motion or application with the court in the county of venue, which is usually where the original order was issued.

What kinds of situations might occur after child support ends?

Q. What happens in cases with children over the age of 19 and the non-custodial parent still is paying child support?

A. Both parents will receive a child support termination notice. If there is no approved continuation for support, the child support obligation will automatically end on the termination date listed on the child support termination notice. If there are no other children on the order or outstanding arrears, any active Income Withholding Orders will end, as well, If health coverage was a provision of the child support order, the employer will also be notified that they no longer are under court order to provide medical coverage. Employees and employers should discuss whether coverage for the dependent will continue.

Q. If my child support is terminated for all my children and there are arrears (unpaid child support) on the case, will the case still remain open?

A. Yes. Even though the obligation for current support will end, the case will remain open until the arrears are paid off. The noncustodial parent is still responsible for paying the recurring child support amount that existed prior to termination PLUS the arrears payback amount unless a different amount is ordered by the court.

Example: The non-custodial parent pays $75 per week in current child support and $25 per week toward the arrears. After receiving the "Notice of Child Support Obligation Termination" for his only child, there are remaining unpaid arrears. He now owes $100 per week arrears payback until the arrears are satisfied, unless the court modifies that repayment amount.

Q. I am a non-custodial parent and have three children. Only the oldest one will be over the age of 19 when this law goes into effect. How much will the obligation be after the obligation for the oldest child is terminated?

A. It depends on whether your order is unallocated or allocated. An unallocated order means that there is one obligation amount paid for all the children. An allocated order has a specific support amount for each child. Most orders in New Jersey are unallocated. 

If you have an unallocated order with a remaining child(ren) after an obligation is terminated, you still are responsible for paying the total child support amount plus arrears, if applicable unless a different amount is ordered by the court. If you have an allocated order with a remaining child(ren) after termination, your support order will be adjusted automatically to deduct the amount of the terminated obligation.

Q. How can I tell if my child support order is unallocated or allocated?

Look at the body of your order or section #24 of the Uniform Summary Support Order (USSO). If you do not see any individual amounts in the order, then you most likely have an unallocated order. 

Q. If there is an income withholding active on my case, will the employer be notified of the support obligation termination?

Yes, Once an obligation terminates or the amount is adjusted an amended Income Withholding Order will be sent to the employer automatically.

Q. If medical coverage is provided through an employer for a dependent, will the employer be notified of that termination?

Yes. If providing health coverage was a provision of the child support order, the employer will be notified that it is no longer required to cover the children. However, the employee and employer should discuss whether health coverage for the dependents should continue.

Intergovernmental Cases

Q. Does the New Jersey age of child support termination affect my order that was established in another state?

A. No. The Uniform Interstate Family Support Act (UIFSA) provides that child support ends according to the law of the State in which the order was established and cannot be changed by another state. This new law applies only to child support orders established by New Jersey.

Q. My child support order was established in New Jersey but I now live in a different state. I have an interstate case with my order registered in my home state. Where will my termination notices be mailed?

A. The "Notice of Proposed Child Support Obligation Termination" and subsequent notices will be mailed to the child support agency in the state in which the order is currently registered. The other state agency must then forward the notices to you at the address it has on file.

source http://www.njchildsupport.org/Services-Programs/Custodial-Parents/Termination/Termination-FAQs.aspx#basics1

Final Restraining Order Cannot be Used as Bargaining Chip in Divorce Settlement

J.S. V. D.S.
No. A-5742-14T2

Dec. 5, 2016 (Date Decided)

Judge Fisher

for appellant: Adinolfi and Lieberman, P.A., (Ronald G. Lieberman, of counsel and on the brief).

for respondent: Marc J. Nehmad.

Plaintiff filed and obtained a final restraining order against defendant, her husband, pursuant to the Prevention of Domestic Violence Act.

Defendant appealed, arguing that the FRO was void upon entry because the judge did not find the occurrence of an act of domestic violence or determine that plaintiff required protection from defendant.

At the final hearing, counsel advised the trial judge that the parties had reached an agreement, which called for defendant's consent to a final restraining order in exchange for plaintiff's consent to defendant's exclusive possession of the marital home pending further order. The judge neither asked plaintiff to describe the alleged act of domestic violence nor asked defendant to acknowledge he committed an act of domestic violence. Satisfied the agreement was voluntarily reached, the judge entered the FRO in question.

As observed in A.M.C. v. P.B., the judiciary possesses an independent duty to remediate any systematic failures in the implementation of the act. If plaintiffs seek dismissal of an FRO, the act obligates a trial court to examine the plaintiff's reasons. The court conducts an inquiry in order to ascertain whether the plaintiff knowingly and freely sought dismissal. Courts must ensure dismissal is not part of an impermissible swap of promises.

Public policy precludes the entry, continuation, or dismissal of an FRO as a bargaining chip in the settlement of other disputes. The act imposes considerable obligations on law enforcement and an FRO is not merely an injunction entered in favor of one private litigant against the other. A violation of an FRO may trigger law enforcement involvement and lead to criminal prosecution. The Judiciary is required by the act to establish and maintain a central registry of persons who have had domestic violence restraining orders entered against them. In light of the strong public policies underlying the act, the panel exercised its discretion to consider the appeal on its merits notwithstanding the parties agreement to dismiss it.

The panel was obligated to ensure the FRO was legitimately entered and should not permit its wrongful perpetuation simply because it may have become a useful chip in the settlement of the parties' matrimonial disputes.

Because the trial judge mistakenly failed to elicit a factual foundation, failed to find domestic violence occurred, and failed to determine whether plaintiff required protection as a result of defendant's conduct, the panel vacated the FRO, reinstated the TRO and remanded for a final hearing.