New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 110 - CHILD SUPPORT PROGRAM
Subchapter 17 - DISTRIBUTION OF ARREARAGE PAYMENTS
Section 10:110-17.1 - Payments on arrearages
Universal Citation: NJ Admin Code 10:110-17.1
Current through Register Vol. 56, No. 18, September 16, 2024
(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.
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