Local Law Blogs

Moving to New Jersey from another state/country, and have an existing Court Order?

An out of state Order must be registered in the state of New Jersey to be enforceable.  Once registered, the Order is enforceable in the same manner and is subject to the same procedures as an ordered issued by a Court in the state of New Jersey.  However, it is important to note that the law of the issuing state governs the nature, extent, amount, and duration of support obligations and payment of arrearages.

N.J.S.A. 2A:4-30.103 provides the procedure for registration of orders from other states.  “A party seeking to enforce a support order issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.”  Specifically, a support order may be registered by sending in the following documents to the support enforcement agency:

(1)    a letter of transmittal to the tribunal requesting registration and enforcement,
(2)    two copies (including one certified copy) of all orders to be registered, including any modification of an order,
(3)    a sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage,
(4)    the name of the obligor, and if known:

a.     the obligor’s address and social security number,
b.     the name and address of the obligor’s employer and any other source of income of the obligor
c.    a description and location of the property of the obligor in this State not exempt from execution

(5)    the name and address of the oblige and, if applicable, the agency or person to whom support payments are to be remitted.
 

Full post as published by New Jersey Law Blog on February 20, 2009 (boomark / email).