N.J. Admin. Code § 10:110-17.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:110-17.1 - Payments on arrearages

(a) Payments on past due child support shall be used to satisfy claims as follows:

1. If the obligee is receiving WFNJ/TANF cash assistance, any payment shall first satisfy amounts owed to the county agency before any payment to the obligee.

2. If the obligee has never received WFNJ/TANF cash assistance, all payments shall go the obligee.

3. If the obligee formerly received WFNJ/TANF cash assistance, the distribution of payments collected that exceed the amount required to be paid to the family for the month in which collected, shall follow the Federal provisions delineated at 42 U.S.C. § 657(a)(2)(B).

i. Arrearages that accrued after the family ceased to receive assistance (other than any amount collected through a Federal tax intercept) shall be distributed as follows:

(1) The State shall first distribute the amount collected to the family to satisfy any arrearages owed to the family that accrued after the family ceased to receive WFNJ/TANF.

(2) After the application of (a)3i(1) above, the State shall retain the State share of the amount collected, and pay to the Federal government the Federal share, but only to the extent necessary to reimburse amounts paid to the family as assistance by the State.

(3) Any remaining money shall be distributed to the family.

ii. Arrearages that accrued before the family received assistance (other than any amount collected through a Federal tax intercept) shall be distributed as follows:

(1) The State shall first distribute the amount to the family to satisfy any arrearages owed to the family that accrued before the family received assistance from the State.

(2) After the application of (a)3ii(1) above, the State shall retain the State share of the amount so collected, and pay to the Federal government the Federal share, but only to the extent necessary to reimburse amounts paid to the family as assistance by the State.

(3) Any remaining money shall be distributed to the family.

(4) To the extent that neither (a)3ii(1) nor 3ii(2) above applies, the State shall distribute the amount to the family.

iii. With regard to arrearages that accrued while the family received assistance, the State shall pay to the Federal government the Federal share of the amount collected; and retain, or distribute to the family, the State share of the amount so collected. In no event shall the total of the amounts paid to the Federal government and retained by the State exceed the total of the amounts that have been paid to the family as assistance by the State.

iv. The State shall treat any support arrearages collected (other than any amount collected through a Federal tax intercept) as accruing in the following order:

(1) To the period after the family ceased to receive assistance;

(2) To the period before the family received assistance;

(3) To the period while the family was receiving assistance.

4. The collection and distribution of Federal tax intercepts follow the provisions set forth at 42 U.S.C. § 664 and 45 C.F.R. 303.72.

N.J. Admin. Code § 10:110-17.1

Amended by R.1998 d.506, effective 10/19/1998.
See: 30 New Jersey Register 1956(a), 30 New Jersey Register 3822(a).
In (a), deleted "Before October 1, 2000" at the beginning of the introductory paragraph.
Amended by R.2004 d.88, effective 3/1/2004.
See: 35 New Jersey Register 3042(a), 36 New Jersey Register 1207(a).
In (a), rewrote 3 and added 4.