In January 2025, a law went into effect changing the way child support is collected when it comes to children who are placed in the custody of a child welfare agency. The law, known as the Equitable Outcomes in Child Support Collection Act, is aimed at allowing parents to put more resources into reunification with their children as opposed to paying a government agency child support payments.
At Rozin | Golinder Law, our attorneys can help you understand this Act and what it means for your family. Reach out today at (732) 377-3367 to discuss your legal options.
The Equitable Outcomes in Child Support Collection Act was signed into law on January 30, 2025 by Governor Murphy. The law was aimed at eliminating child support payment requirements to the Division of Child Protection and Permanency (DCPP) when a child is placed in foster care with the agency.
When it took effect, the law deemed any child obligations or arrears owed to the DCPP for the maintenance and care of a child null and void. The law was enacted to help remove financial barriers to reunification between parents and children.
The S2331 child support law made key modifications to when support payments are collected against parents whose children are in foster care with the Division of Child Protection and Permanency. It effectively gave arrears forgiveness, nullifying all unpaid DCPP support payments, judgements, and liens.
The law does not change child support payments that are owed to another parent, only those that are owed to the DCPP for the maintenance and care of a child taken into foster care. It also does not affect any child support payments made to the DCPP prior to the effective date of the law, January 30, 2025. It is hoped that forgiving these debts will allow parents to focus their resources on reunification.
Prior to the passage of the law, parents were required to pay child support to the DCPP when their children were placed in the agency’s custody. The changes eliminate any unpaid DCPP balances, judgements, or liens related to support payments. The debts are nullified, allowing parents to focus their resources on reunifying with their children. In effect, the law works as DCPP arrears forgiveness when it comes to child support obligations to the child welfare agency.
The law also stops the aggressive pursuit of payments. According to the DCPP, efforts to collect these payments is fiscally inefficient, due to the amount expended usually exceeding the amount collected. In some cases, the pursuit of these debts also led to longer reunification delays between parents and children.
Changes to the child support law prioritize reunification instead of repayment of a debt. It makes null and void any current child support obligation owed to the Department of Children and Families (DCF).
It also eliminates any unpaid arrears, unsatisfied civil judgements, portions of a judgement that imposes fees, warrants, court-imposed fines, fees, costs, penalties, or outstanding liens related to support payments owed to the Department when a child is placed in foster care.
It is believed that children who were placed in foster care will benefit the most from this law as it promotes resources being used on reunification, instead of repayment of a debt. The law helps to end cycles of poverty that have plagued families in the foster care system.
Parents with children in foster care often face enormous financial barriers to regaining the custody of their children, including having court-ordered fines and fees related to their support. By changing New Jersey foster care support collection, the law enables families to focus on regaining custody instead of reimbursing a state agency for the support of their child.
According to information about the law, 90% of parents involved with DCPP are considered indigent. Placing additional financial burdens on these families only further prolongs their ability to be reunified with their children.
By removing these financial barriers, the law helps to promote the goal of reunification when it is in the best interests of the child. This child support reform in NJ heavily impacts parents in Middlesex/Monmouth, helping to bring families back together.
It is important to note that the changes to DCPP child support does not impact private child custody or support cases. NJ parents involved in divorce proceedings are encouraged to consult with an attorney to ensure rights are protected.
If child support has been ordered to another parent, the support is not affected by this law. A parent is still legally obligated to pay all private support payments. A New Jersey child support lawyer can help to provide information about a parent’s obligations in everything from health care payments to college expenses.
Individuals who believe they may be affected by the new law are encouraged to speak with an attorney to discuss their rights and responsibilities. A family law lawyer can help to determine eligibility and any next steps towards reunification. Parents who believe that they were entitled to wage garnishment reimbursement from the new law are encouraged to contact the New Jersey Family Support Services Center at 1-877-NJKiDS1 (877-655-4371).
Parents seeking reunification support are encouraged to contact Rozin | Golinder Law at (732) 377-3367 for a case evaluation. We have extensive experience helping parents understand and protect their rights and the rights of their children.
