NEW JERSEY PERMANENT
STATUTES
A copy of each of the
listed NJ Statutes follow:
2A: 34-23-2 Civil Remedies to interference
with visitation, includes: 2A:34-23.3
.Remedies
2C:13-4 Interference with custody.
2C:25-19 Domestic Violence
9:2-4 Custody of child
includes: 9:2-4.2 Parental access to children's records; 9:2-7.1
Grandparent Visitation; 9:2-4.2 Parental access to children's
records.
2C:24-5 Willful nonsupport
2A:34-12.2 "Parents' Education Fund"
2A:34-23 Alimony, maintenance
2C:25-17 Prevention of Domestic Violence
Act of 1991
CIVIL REMEDIES to Visitation
Interference
NEW JERSEY PERMANENT STATUTES
(UPDATED THROUGH P.L. 2005, c.223 AND JR6.)
TITLE 2A: ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
Civil Remedies to interference with visitation.
2A:34-23.2 Findings, declarations relative to violation of
visitation orders.
1. The Legislature finds and declares that:
a. There has been an increase in the filings of dissolutions
of
marriages in the recent years; and
b. The best interests of the children of these marriages in
maintaining close relationships with both parents regardless
of which
parent has the physical custody of the child is paramount; and
c. Proceeding criminally in cases where the terms of an order
of visitation with a child has failed to be honored may be both
difficult and inappropriate; and
d. Bolstering the statutory civil remedies available to a judge
hearing these types of matters may provide an indication of
legislative intent to promote the enforcement of these matters.
L.1997,c.300,s.1.
2A:34-23.3 Available remedies.
2. A judge who sanctions a party for failure to comply with
an
order of visitation shall have these remedies available:
a. The awarding of counsel fees of the aggrieved party against
the party who violated the terms of the order;
b. Community service;
c. The awarding of compensatory time for the time with the
child for which the party was deprived;
d. The awarding of monetary compensation for additional costs
incurred when a parent fails to appear for scheduled visitation;
and
e. Other economic sanctions which may be decided on a
case-by-case basis.
L.1997,c.300,s.2
NJS 2005 09 22 .
Interference with custody
NEW JERSEY PERMANENT STATUTES
(UPDATED THROUGH P.L. 2005, c.223 AND JR6.)
TITLE 2C THE NJ CODE OF CRIMINAL JUSTICE
2C:13-4 Interference with custody.
a. Custody of children. A person, including a parent, guardian
or other lawful custodian, is guilty of interference with custody
if he:
(1) Takes or detains a minor child with the purpose of
concealing the minor child and thereby depriving the child's
other
parent of custody or parenting time with the minor child; or
(2) After being served with process or having actual knowledge
of an action affecting marriage or custody but prior to the
issuance
of a temporary or final order determining custody and parenting
time
rights to a minor child, takes, detains, entices or conceals
the child
within or outside the State for the purpose of depriving the
child's
other parent of custody or parenting time, or to evade the
jurisdiction of the courts of this State;
(3) After being served with process or having actual knowledge
of an action affecting the protective services needs of a child
pursuant to Title 9 of the Revised Statutes in an action affecting
custody, but prior to the issuance of a temporary or final order
determining custody rights of a minor child, takes, detains,
entices
or conceals the child within or outside the State for the purpose
of
evading the jurisdiction of the courts of this State; or
(4) After the issuance of a temporary or final order specifying
custody, joint custody rights or parenting time, takes, detains,
entices or conceals a minor child from the other parent in violation
of the custody or parenting time order.
Interference with custody is a crime of the second degree if
the
child is taken, detained, enticed or concealed: (i) outside
the
United States or (ii) for more than 24 hours Otherwise, interference
with custody is a crime of the third degree but the presumption
of
non-imprisonment set forth in subsection e. of N.J.S.2C:44-1
for a
first offense of a crime of the third degree shall not apply.
b. Custody of committed persons. A person is guilty of a crime
of the fourth degree if he knowingly takes or entices any committed
person away from lawful custody when he is not privileged to
do so.
"Committed person" means, in addition to anyone committed
under
judicial warrant, any orphan, neglected or delinquent child,
mentally
defective or insane person, or other dependent or incompetent
person
entrusted to another's custody by or through a recognized social
agency or otherwise by authority of law.
c. It is an affirmative defense to a prosecution under
subsection a. of this section, which must be proved by clear
and
convincing evidence, that:
(1) The actor reasonably believed that the action was necessary
to preserve the child from imminent danger to his welfare. However,
no defense shall be available pursuant to this subsection if
the actor
does not, as soon as reasonably practicable but in no event
more than
24 hours after taking a child under his protection, give notice
of the
child's location to the police department of the municipality
where
the child resided, the office of the county prosecutor in the
county
where the child resided, or the Division of Youth and Family
Services
in the Department of Human Services;
(2) The actor reasonably believed that the taking or detaining
of the minor child was consented to by the other parent, or
by an
authorized State agency; or
(3) The child, being at the time of the taking or concealment
not less than 14 years old, was taken away at his own volition
and
without purpose to commit a criminal offense with or against
the
child.
d. It is an affirmative defense to a prosecution under
subsection a. of this section that a parent having the right
of
custody reasonably believed he was fleeing from imminent physical
danger from the other parent, provided that the parent having
custody,
as soon as reasonably practicable:
(1) Gives notice of the child's location to the police
department of the municipality where the child resided, the
office of
the county prosecutor in the county where the child resided,
or the
Division of Youth and Family Services in the Department of Human
Services; or
(2) Commences an action affecting custody in an appropriate
court.
e. The offenses enumerated in this section are continuous in
nature and continue for so long as the child is concealed or
detained.
f. (1) In addition to any other disposition provided by law,
a
person convicted under subsection a. of this section shall make
restitution of all reasonable expenses and costs, including
reasonable
counsel fees, incurred by the other parent in securing the child's
return.
(2) In imposing sentence under subsection a. of this section
the court shall consider, in addition to the factors enumerated
in
chapter 44 of Title 2C of the New Jersey Statutes:
(a) Whether the person returned the child voluntarily; and
(b) The length of time the child was concealed or detained.
g. As used in this section, "parent" means a parent,
guardian
or other lawful custodian of a minor child.
Amended 1979, c.178, s.25; 1982, c.199; 1990, c.104, s.1; 1997,
c.299, s.7; 1999, c.190, s.2.
NJS 2005 09 22
DOMESTIC VIOLENCE
NEW JERSEY PERMANENT STATUTES
(UPDATED THROUGH P.L. 2005, c.223 AND JR6.)
TITLE 2C: THE CODE OF CRIMINAL JUSTICE
2C:25-19. Definitions
3. As used in this act:
a. "Domestic violence" means the occurrence of one
or more of the
following acts inflicted upon a person protected under this
act by an
adult or an emancipated minor:
(1) Homicide N.J.S.2C:11-1 et seq.
(2) Assault N.J.S.2C:12-1
(3) Terroristic threats N.J.S.2C:12-3
(4) Kidnapping N.J.S.2C:13-1
(5) Criminal restraint N.J.S.2C:13-2
(6) False imprisonment N.J.S.2C:13-3
(7) Sexual assault N.J.S.2C:14-2
(8) Criminal sexual contact N.J.S.2C:14-3
(9) Lewdness N.J.S.2C:14-4
(10) Criminal mischief N.J.S.2C:17-3
(11) Burglary N.J.S.2C:18-2
(12) Criminal trespass N.J.S.2C:18-3
(13) Harassment N.J.S.2C:33-4
(14) Stalking P.L.1992, c.209 (C.2C:12-10)
When one or more of these acts is inflicted by an unemancipated
minor upon a person protected under this act, the occurrence
shall not
constitute "domestic violence," but may be the basis
for the filing of
a petition or complaint pursuant to the provisions of section
11 of
P.L.1982, c.77 (C.2A:4A-30).
b. "Law enforcement agency" means a department,
division, bureau,
commission, board or other authority of the State or of any
political
subdivision thereof which employs law enforcement officers.
c. "Law enforcement officer" means a person whose
public duties
include the power to act as an officer for the detection,
apprehension, arrest and conviction of offenders against the
laws of
this State.
d. "Victim of domestic violence" means a person
protected under
this act and shall include any person who is 18 years of age
or older
or who is an emancipated minor and who has been subjected to
domestic
violence by a spouse, former spouse, or any other person who
is a
present or former household member. "Victim of domestic
violence" also
includes any person, regardless of age, who has been subjected
to
domestic violence by a person with whom the victim has a child
in
common, or with whom the victim anticipates having a child in
common,
if one of the parties is pregnant. "Victim of domestic
violence" also
includes any person who has been subjected to domestic violence
by a
person with whom the victim has had a dating relationship.
e. "Emancipated minor" means a person who is under
18 years of
age but who has been married, has entered military service,
has a
child or is pregnant or has been previously declared by a court
or an
administrative agency to be emancipated.
L.1991,c.261,s.3; amended 1994,c.93,s.1; 1994,c.94,s.1.
NJS 2005 09 22
CUSTODY
NEW JERSEY PERMANENT STATUTES
(UPDATED THROUGH P.L. 2005, c.223 AND JR6.)
TITLE 9: CHILDREN, JUVENILE AND DOMESTIC RELATIONS COURT
9:2-4 Custody of child; rights of both parents considered.
9:2-4. The Legislature finds and declares that it is in the
public policy of this State to assure minor children of frequent
and
continuing contact with both parents after the parents have
separated
or dissolved their marriage and that it is in the public interest
to
encourage parents to share the rights and responsibilities of
child
rearing in order to effect this policy.
In any proceeding involving the custody of a minor child, the
rights of both parents shall be equal and the court shall enter
an
order which may include:
a. Joint custody of a minor child to both parents, which is
comprised of legal custody or physical custody which shall include:
(1) provisions for residential arrangements so that a child
shall
reside either solely with one parent or alternatively with each
parent
in accordance with the needs of the parents and the child; and
(2)
provisions for consultation between the parents in making major
decisions regarding the child's health, education and general
welfare;
b. Sole custody to one parent with appropriate parenting time
for the noncustodial parent; or
c. Any other custody arrangement as the court may determine
to
be in the best interests of the child.
In making an award of custody, the court shall consider but
not be
limited to the following factors: the parents' ability to agree,
communicate and cooperate in matters relating to the child;
the
parents' willingness to accept custody and any history of
unwillingness to allow parenting time not based on substantiated
abuse; the interaction and relationship of the child with its
parents
and siblings; the history of domestic violence, if any; the
safety of
the child and the safety of either parent from physical abuse
by the
other parent; the preference of the child when of sufficient
age and
capacity to reason so as to form an intelligent decision; the
needs of
the child; the stability of the home environment offered; the
quality
and continuity of the child's education; the fitness of the
parents;
the geographical proximity of the parents' homes; the extent
and
quality of the time spent with the child prior to or subsequent
to the
separation; the parents' employment responsibilities; and the
age and
number of the children. A parent shall not be deemed unfit unless
the
parents' conduct has a substantial adverse effect on the child.
The court, for good cause and upon its own motion, may appoint
a
guardian ad litem or an attorney or both to represent the minor
child's interests. The court shall have the authority to award
a
counsel fee to the guardian ad litem and the attorney and to
assess
that cost between the parties to the litigation.
d. The court shall order any custody arrangement which is
agreed to by both parents unless it is contrary to the best
interests
of the child.
e. In any case in which the parents cannot agree to a custody
arrangement, the court may require each parent to submit a custody
plan which the court shall consider in awarding custody.
f. The court shall specifically place on the record the factors
which justify any custody arrangement not agreed to by both
parents.
Amended 1948, c.321, ss.4,11; 1974, c.143; 1990, c.26, s.2;
1997,
c.299, s.9.
9:2-4.1 Person convicted of sexual assault, custody of, visitation
to
minor child; denied, exceptions.
1. a. Notwithstanding any provision of law to the contrary,
a
person convicted of sexual assault under N.J.S.2C:14-2 shall
not be
awarded the custody of or visitation rights to any minor child,
including a minor child who was born as a result of or was the
victim
of the sexual assault, except upon a showing by clear and convincing
evidence that it is in the best interest of the child for custody
or
visitation rights to be awarded. However, a court that awards
such
custody or visitation rights to a person convicted of sexual
assault
under N.J.S.2C:14-2 shall stay enforcement of the order or judgment
for at least 10 days in order to permit the appeal of the order
or
judgment and application for a stay in accordance with the Rules
of
Court.
b. Notwithstanding any provision of law to the contrary, a
person convicted of sexual contact under N.J.S.2C:14-3 or endangering
the welfare of a child under N.J.S.2C:24-4 shall not be awarded
the
custody of or visitation rights to any minor child, except upon
a
showing by clear and convincing evidence that it is in the best
interest of the child for such custody or visitation rights
to be
awarded. However, a court that awards such custody or visitation
rights to a person convicted of sexual contact under N.J.S.2C:14-3
or
endangering the welfare of a child under N.J.S.2C:24-4 shall
stay
enforcement of the order or judgment for at least 10 days in
order to
permit the appeal of the order or judgment and application for
a stay
in accordance with the Rules of Court.
c. A denial of custody or visitation under this section shall
not by itself terminate the parental rights of the person denied
visitation or custody, nor shall it affect the obligation of
the
person to support the minor child.
d. In any proceeding for establishment or enforcement of such
an obligation of support the victim shall not be required to
appear in
the presence of the obligor and the victim's and child's whereabouts
shall be kept confidential.
L.1995,c.55,s.1; amended 1999, c.424.
9:2-4.2 Parental access to children's
records.
1. a. Every parent, except as prohibited by federal and State
law, shall have access to records and information pertaining
to his or
her unemancipated child, including, but not limited to, medical,
dental, insurance, child care and educational records, whether
or not
the child resides with the parent, unless that access is found
by the
court to be not in the best interest of the child or the access
is
found by the court to be sought for the purpose of causing detriment
to the other parent.
b. The place of residence of either parent shall not appear
on
any records or information released pursuant to the provisions
of this
section.
c. A child's parent, guardian or legal custodian may petition
the court to have a parent's access to the records limited.
If the
court, after a hearing, finds that the parent's access to the
record
is not in the best interest of the child or that the access
sought is
for the purpose of causing detriment to the other parent, the
court
may order that access to the records be limited.
L.1997,c.406,s.1.
9:2-5. Death of parent having custody; reversion of custody
to
surviving parent; appointment of guardian by superior court;
removal
In case of the death of the parent to whom the care and custody
of
the minor children shall have been awarded by the Superior Court,
or
in the case of the death of the parent in whose custody the
children
actually are, when the parents have been living separate and
no award
as to the custody of such children has been made, the care and
custody
of such minor children shall not revert to the surviving parent
without an order or judgment of the Superior Court to that effect.
The Superior Court shall have the right, in an action brought
by a
guardian ad litem on behalf of the children, to appoint such
friend or
other suitable person, guardian of such minor children, and
shall have
the right to remove such guardian, and to appoint a new guardian
or
guardians, and to make such judgments and orders, from time
to time,
as the circumstances of the case and the benefit of the children
shall
require.
Amended by L.1948, c. 321, p. 1297, s. 5; L.1953, c. 9, p.
71,
s. 4.
9:2-7. Habeas corpus to determine custody of child; access to
child
When any husband and wife shall live in a state of separation
without being divorced, and shall have any minor child of the
marriage, the Superior Court, upon such child being brought
before it
upon habeas corpus, shall award the custody of such child and
make
such order or judgment relating thereto for the access of either
parent to such child, at such times and under such circumstances,
as
it may deem proper.
Amended by L.1948, c. 321, p. 1297, s. 6; L.1953, c. 9, p.
71,
s. 5.
9:2-7.1. Visitation rights for
grandparents, siblings
1.a. A grandparent or any sibling of a child residing in this
State may make application before the Superior Court, in accordance
with the Rules of Court, for an order for visitation. It shall
be the
burden of the applicant to prove by a preponderance of the evidence
that the granting of visitation is in the best interests of
the child.
b. In making a determination on an application filed pursuant
to
this section, the court shall consider the following factors:
(1) The relationship between the child and the applicant;
(2) The relationship between each of the child's parents or
the
person with whom the child is residing and the applicant;
(3) The time which has elapsed since the child last had contact
with the applicant;
(4) The effect that such visitation will have on the relationship
between the child and the child's parents or the person with
whom the
child is residing;
(5) If the parents are divorced or separated, the time sharing
arrangement which exists between the parents with regard to
the child;
(6) The good faith of the applicant in filing the application;
(7) Any history of physical, emotional or sexual abuse or
neglect
by the applicant; and
(8) Any other factor relevant to the best interests of the
child.
c. With regard to any application made pursuant to this section,
it shall be prima facie evidence that visitation is in the child's
best interest if the applicant had, in the past, been a full-time
caretaker for the child.
L.1971,c.420,s.1; amended 1973,c.100; 1987,c.363,s.2;
1993,c.161,s.1.
9:2-7.2. Concealment of child; preliminary hearing as to custody
1. When any husband and wife shall live in a state of
separation without being divorced and shall have any minor child
or
children of the marriage, and when either spouse shall willfully
conceal the whereabouts of said child or children, the Superior
Court,
Chancery Division, Family Part, upon application of the aggrieved
parent, shall conduct a preliminary hearing as to the custody
of said
child or children and shall make such order relating thereto
for the
access of either parent to such child at such times and under
such
circumstances as it may deem proper.
L.1974,c.152,s.1; amended 1991,c.91,s.189.
9:2-9. Unfit parents and custodians, court action to grant relief
9:2-9. When the parents of any minor child or the parent or
other
person having the actual care and custody of any minor child
are
grossly immoral or unfit to be intrusted with the care and education
of such child, or shall neglect to provide the child with proper
protection, maintenance and education, or are of such vicious,
careless or dissolute habits as to endanger the welfare of the
child
or make the child a public charge, or likely to become a public
charge; or when the parents of any minor child are dead or cannot
be
found, and there is no other person, legal guardian or agency
exercising custody over such child; it shall be lawful for any
person
interested in the welfare of such child to institute an action
in the
Superior Court, Chancery Division, Family Part, in the county
where
such minor child is residing, for the purpose of having the
child
brought before the court, and for the further relief provided
by this
chapter. The court may proceed in the action in a summary manner
or
otherwise.
Amended 1948,c.321,s.7; 1949,c.245,s.1; 1953,c.9,s.6;
1991,c.91,s.190.
9:2-10. Order for proper care of child
9:2-10. In an action brought pursuant to R.S.9:2-9, the Superior
Court, after an investigation shall have been made by the chief
probation officer of the county in which the child may reside,
concerning the reputation, character and ability of the plaintiff,
or
such other person as the court may direct, to properly care
for such
child, shall make an order or judgment committing the child
to the
care and custody of such person, who will accept the same, as
the
court shall for that purpose designate and appoint, until such
child
shall attain the age of eighteen years, or the further direction
of
the court; provided, however, that in proper cases such care
and
custody may be exercised by supervision of the child in his
own home,
unless the court shall otherwise order. Such order or judgment
may
require the giving of a bond by the person to whose care or
custody
the said child may be committed, with such security and on such
conditions as the court shall deem proper.
Amended 1948,c.321,s.8; 1949,c.245,s.2; 1953,c.9,s.7;
1991,c.91,s.191.
9:2-11. Commitment of child to child caring society; cost of
proceedings; consent to adoption of child; support by relative
The court before which such proceedings shall be conducted,
may,
in the same manner but in lieu of committing such child, as
in
section 9:2-10 of this Title specified, commit such child to
the care
and custody of any society duly incorporated under the laws
of this
State for the care of children. In such case the court may,
in its
discretion, cause the person in whose custody such child was,
or the
county in which such child may reside, to pay all costs and
expenses
of such proceedings, and such person or society or institution
to whom
or to which such child is committed may, upon special authority
granted in the order or judgment of commitment, give his or
its
consent, and such consent will be sufficient, to the legal adoption
of such child; provided, however , that the granting of the
right
to consent to adoption shall in no wise be construed as authority
to
place a child for adoption except in accordance with the provisions
of chapter three of this Title (s. 9:3-1 et seq.).
Whenever the court shall have made an order or judgment with
respect to the care and custody of a child as contemplated by
this
Title, and it shall appear that the person in whose custody
such
child was is a relative financially able and legally liable
to
provide support for such child, the court may make a supplementary
order requiring such relative to make such payment or payments
for
the support of such child as the court may deem reasonable under
the
circumstances.
Amended by L.1948, c. 321, p. 1298, s. 9; L.1949, c. 245,
p.
786, s. 3; L.1953, c. 9, p. 73, s. 8.
9:2-13. Definitions
For the purposes of this act, the following words and phrases,
unless otherwise indicated, shall be deemed to have the following
meanings:
(a) The phrase "approved agency" means a legally
constituted
agency having its principal office within or without this State,
which
has been approved, pursuant to law, to place children in New
Jersey
for purposes of adoption.
(b) The word "child" means any person under 18 years
of age.
(c) The word "custody" means continuing control
and authority
over the person of a child, established by natural parenthood,
by
order or judgment of a court of competent jurisdiction, or by
written
surrender to and approved agency pursuant to law.
(d) The phrase "forsaken parental obligations" means
willful and
continuous neglect or failure to perform the natural and regular
obligations of care and support of a child.
(e) The phrase "mentally incompetent" means inability
to
understand and discharge the natural and regular obligations
of care
and support of a child by reason of mental disease, feebleness
of
mind, or habitual intemperance.
(f) The word "parent," when not otherwise described
by the
context, means a natural parent or parent by previous adoption.
(g) The word "may" shall be construed to be permissive
and the
word "shall" shall be construed to be mandatory.
L.1955,c.232,s.1; amended 1990,c.26,s.3.
9:2-14. Surrender of child custody; validity
Except as otherwise provided by law or by order or judgment
of a
court of competent jurisdiction or by testamentary disposition,
no
surrender of the custody of a child shall be valid in this State
unless made to an approved agency pursuant to the provisions
of this
act or pursuant to the provisions of a substantially similar
law of
another State or territory of the United States or of the Dominion
of
Canada or of one of its provinces.
L.1955, c. 232, p. 896, s. 2.
9:2-15. Surrender or termination of rights of one parent; rights
of
other parent
No surrender of custody by, nor termination of the parental
rights
of, one parent shall affect the rights of the other parent;
nor may
one parent act as the agent or representative of the other parent
in
the surrender of custody or termination of parental rights.
L.1955, c. 232, p. 896, s. 3.
9:2-16. Voluntary surrender to approved agency
An approved agency may take a voluntary surrender of custody
of a
child from the parent of such child, or from such other person
or
persons who, by order of a court of competent jurisdiction,
have been
substituted for the parent as to custody of such child. Each
such
surrender, when properly acknowledged in the manner and form
provided
by sections 46:14-6 and 46:14-7 of the Revised Statutes, shall
be
valid whether or not the person giving the same is a minor,
and shall
be irrevocable except at the discretion of the approved agency
taking
such surrender or upon order or judgment of a court of competent
jurisdiction, setting aside such surrender upon proof of fraud,
duress or misrepresentation.
L.1955, c. 232, p. 896, s. 4.
9:2-17. Form of surrender
The form of any such surrender shall be such as to declare
that
the person executing the same desires to relinquish the custody
of the
child, acknowledge the termination of parental rights as to
such
custody in favor of the approved agency, and acknowledge full
understanding of the effect of such surrender as provided by
this act.
Any such surrender may include a statement that its purpose
is to
permit the approved agency to place the child for adoption by
such
person or persons as the approved agency may select.
L.1955, c. 232, p. 896, s. 5.
9:2-18. Procedure to terminate parental rights
6. An approved agency which is providing supervision of a
child
may institute an action in the Superior Court, seeking the termination
of the rights of the parents of such child and the transfer
of custody
of such child to the agency. A prior surrender of custody as
provided
by Article II of this act shall not be deemed a waiver of notice
or
service of process in proceedings under Article III hereof.
At least
five days prior to the hearing, the plaintiff shall file with
the
court a written report as to all circumstances of the case.
L.1955,c.232,s.6; amended 1991,c.91,s.192.
9:2-19. Grounds for terminating custody
If the court shall determine that custody of the child has
been
surrendered as provided in Article II of this act, the court
may
declare that the person making such surrender shall have no
further
right to custody of the child. If the court shall determine
that a
parent of the child is dead, or mentally incompetent, or has
forsaken
parental obligation, the court may declare that such parent
shall have
no further right to custody of the child. If the court shall
determine
that a custodian or guardian has been appointed for the child,
but
that such custodian or guardian has willfully and continuously
neglected or failed to discharge the responsibilities of such
appointment, the court may declare that such custodian or guardian
shall have no further control and authority over the person
of the
child.
L.1955,c.232,s.7; amended 1990,c.26,s.4.
9:2-20. Judgment terminating rights; effect of judgment
If the court shall find that the parents of the child should
have
no further right to custody of the child, or that the custodian
or
guardian, if any, should have no further control and authority
over
the person of the child, a judgment shall be entered terminating
such
right or control and authority and transferring the custody
of the
child to the plaintiff. The judgment so entered, unless otherwise
specified therein, shall not affect the duties of the parents,
custodian or guardian with respect to support and maintenance
of the
child.
L.1955, c. 232, p. 898, s. 8.
9:2-21. Effective date
This act shall take effect July 1, 1955.
L.1955, c. 232, p. 898, s. 9.
NJS 2005 09 22
CUSTODY 1
NEW JERSEY PERMANENT STATUTES
(UPDATED THROUGH P.L. 2005, c.223 AND JR6.)
TITLE 9: CHILDREN, JUVENILE AND DOMESTIC RELATIONS COURT
9:2-4 Custody of child; rights of both parents considered.
9:2-4. The Legislature finds and declares that it is in the
public policy of this State to assure minor children of frequent
and
continuing contact with both parents after the parents have
separated
or dissolved their marriage and that it is in the public interest
to
encourage parents to share the rights and responsibilities of
child
rearing in order to effect this policy.
In any proceeding involving the custody of a minor child, the
rights of both parents shall be equal and the court shall enter
an
order which may include:
a. Joint custody of a minor child to both parents, which is
comprised of legal custody or physical custody which shall include:
(1) provisions for residential arrangements so that a child
shall
reside either solely with one parent or alternatively with each
parent
in accordance with the needs of the parents and the child; and
(2)
provisions for consultation between the parents in making major
decisions regarding the child's health, education and general
welfare;
b. Sole custody to one parent with appropriate parenting time
for the noncustodial parent; or
c. Any other custody arrangement as the court may determine
to
be in the best interests of the child.
In making an award of custody, the court shall consider but
not be
limited to the following factors: the parents' ability to agree,
communicate and cooperate in matters relating to the child;
the
parents' willingness to accept custody and any history of
unwillingness to allow parenting time not based on substantiated
abuse; the interaction and relationship of the child with its
parents
and siblings; the history of domestic violence, if any; the
safety of
the child and the safety of either parent from physical abuse
by the
other parent; the preference of the child when of sufficient
age and
capacity to reason so as to form an intelligent decision; the
needs of
the child; the stability of the home environment offered; the
quality
and continuity of the child's education; the fitness of the
parents;
the geographical proximity of the parents' homes; the extent
and
quality of the time spent with the child prior to or subsequent
to the
separation; the parents' employment responsibilities; and the
age and
number of the children. A parent shall not be deemed unfit unless
the
parents' conduct has a substantial adverse effect on the child.
The court, for good cause and upon its own motion, may appoint
a
guardian ad litem or an attorney or both to represent the minor
child's interests. The court shall have the authority to award
a
counsel fee to the guardian ad litem and the attorney and to
assess
that cost between the parties to the litigation.
d. The court shall order any custody arrangement which is
agreed to by both parents unless it is contrary to the best
interests
of the child.
e. In any case in which the parents cannot agree to a custody
arrangement, the court may require each parent to submit a custody
plan which the court shall consider in awarding custody.
f. The court shall specifically place on the record the factors
which justify any custody arrangement not agreed to by both
parents.
Amended 1948, c.321, ss.4,11; 1974, c.143; 1990, c.26, s.2;
1997,
c.299, s.9.
9:2-4.1 Person convicted of sexual assault, custody of, visitation
to
minor child; denied, exceptions.
1. a. Notwithstanding any provision of law to the contrary,
a
person convicted of sexual assault under N.J.S.2C:14-2 shall
not be
awarded the custody of or visitation rights to any minor child,
including a minor child who was born as a result of or was the
victim
of the sexual assault, except upon a showing by clear and convincing
evidence that it is in the best interest of the child for custody
or
visitation rights to be awarded. However, a court that awards
such
custody or visitation rights to a person convicted of sexual
assault
under N.J.S.2C:14-2 shall stay enforcement of the order or judgment
for at least 10 days in order to permit the appeal of the order
or
judgment and application for a stay in accordance with the Rules
of
Court.
b. Notwithstanding any provision of law to the contrary, a
person convicted of sexual contact under N.J.S.2C:14-3 or endangering
the welfare of a child under N.J.S.2C:24-4 shall not be awarded
the
custody of or visitation rights to any minor child, except upon
a
showing by clear and convincing evidence that it is in the best
interest of the child for such custody or visitation rights
to be
awarded. However, a court that awards such custody or visitation
rights to a person convicted of sexual contact under N.J.S.2C:14-3
or
endangering the welfare of a child under N.J.S.2C:24-4 shall
stay
enforcement of the order or judgment for at least 10 days in
order to
permit the appeal of the order or judgment and application for
a stay
in accordance with the Rules of Court.
c. A denial of custody or visitation under this section shall
not by itself terminate the parental rights of the person denied
visitation or custody, nor shall it affect the obligation of
the
person to support the minor child.
d. In any proceeding for establishment or enforcement of such
an obligation of support the victim shall not be required to
appear in
the presence of the obligor and the victim's and child's whereabouts
shall be kept confidential.
L.1995,c.55,s.1; amended 1999, c.424.
9:2-4.2 Parental access to children's records.
1. a. Every parent, except as prohibited by federal and State
law, shall have access to records and information pertaining
to his or
her unemancipated child, including, but not limited to, medical,
dental, insurance, child care and educational records, whether
or not
the child resides with the parent, unless that access is found
by the
court to be not in the best interest of the child or the access
is
found by the court to be sought for the purpose of causing detriment
to the other parent.
b. The place of residence of either parent shall not appear
on
any records or information released pursuant to the provisions
of this
section.
c. A child's parent, guardian or legal custodian may petition
the court to have a parent's access to the records limited.
If the
court, after a hearing, finds that the parent's access to the
record
is not in the best interest of the child or that the access
sought is
for the purpose of causing detriment to the other parent, the
court
may order that access to the records be limited.
L.1997,c.406,s.1.
9:2-5. Death of parent having custody; reversion of custody
to
surviving parent; appointment of guardian by superior court;
removal
In case of the death of the parent to whom the care and custody
of
the minor children shall have been awarded by the Superior Court,
or
in the case of the death of the parent in whose custody the
children
actually are, when the parents have been living separate and
no award
as to the custody of such children has been made, the care and
custody
of such minor children shall not revert to the surviving parent
without an order or judgment of the Superior Court to that effect.
The Superior Court shall have the right, in an action brought
by a
guardian ad litem on behalf of the children, to appoint such
friend or
other suitable person, guardian of such minor children, and
shall have
the right to remove such guardian, and to appoint a new guardian
or
guardians, and to make such judgments and orders, from time
to time,
as the circumstances of the case and the benefit of the children
shall
require.
Amended by L.1948, c. 321, p. 1297, s. 5; L.1953, c. 9, p.
71,
s. 4.
9:2-7. Habeas corpus to determine custody of child; access to
child
When any husband and wife shall live in a state of separation
without being divorced, and shall have any minor child of the
marriage, the Superior Court, upon such child being brought
before it
upon habeas corpus, shall award the custody of such child and
make
such order or judgment relating thereto for the access of either
parent to such child, at such times and under such circumstances,
as
it may deem proper.
Amended by L.1948, c. 321, p. 1297, s. 6; L.1953, c. 9, p.
71,
s. 5.
9:2-7.1. Visitation rights for
grandparents, siblings
1.a. A grandparent or any sibling of a child residing in this
State may make application before the Superior Court, in accordance
with the Rules of Court, for an order for visitation. It shall
be the
burden of the applicant to prove by a preponderance of the evidence
that the granting of visitation is in the best interests of
the child.
b. In making a determination on an application filed pursuant
to
this section, the court shall consider the following factors:
(1) The relationship between the child and the applicant;
(2) The relationship between each of the child's parents or
the
person with whom the child is residing and the applicant;
(3) The time which has elapsed since the child last had contact
with the applicant;
(4) The effect that such visitation will have on the relationship
between the child and the child's parents or the person with
whom the
child is residing;
(5) If the parents are divorced or separated, the time sharing
arrangement which exists between the parents with regard to
the child;
(6) The good faith of the applicant in filing the application;
(7) Any history of physical, emotional or sexual abuse or
neglect
by the applicant; and
(8) Any other factor relevant to the best interests of the
child.
c. With regard to any application made pursuant to this section,
it shall be prima facie evidence that visitation is in the child's
best interest if the applicant had, in the past, been a full-time
caretaker for the child.
L.1971,c.420,s.1; amended 1973,c.100; 1987,c.363,s.2;
1993,c.161,s.1.
9:2-7.2. Concealment of child; preliminary hearing as to custody
1. When any husband and wife shall live in a state of
separation without being divorced and shall have any minor child
or
children of the marriage, and when either spouse shall willfully
conceal the whereabouts of said child or children, the Superior
Court,
Chancery Division, Family Part, upon application of the aggrieved
parent, shall conduct a preliminary hearing as to the custody
of said
child or children and shall make such order relating thereto
for the
access of either parent to such child at such times and under
such
circumstances as it may deem proper.
L.1974,c.152,s.1; amended 1991,c.91,s.189.
9:2-9. Unfit parents and custodians, court action to grant relief
9:2-9. When the parents of any minor child or the parent or
other
person having the actual care and custody of any minor child
are
grossly immoral or unfit to be intrusted with the care and education
of such child, or shall neglect to provide the child with proper
protection, maintenance and education, or are of such vicious,
careless or dissolute habits as to endanger the welfare of the
child
or make the child a public charge, or likely to become a public
charge; or when the parents of any minor child are dead or cannot
be
found, and there is no other person, legal guardian or agency
exercising custody over such child; it shall be lawful for any
person
interested in the welfare of such child to institute an action
in the
Superior Court, Chancery Division, Family Part, in the county
where
such minor child is residing, for the purpose of having the
child
brought before the court, and for the further relief provided
by this
chapter. The court may proceed in the action in a summary manner
or
otherwise.
Amended 1948,c.321,s.7; 1949,c.245,s.1; 1953,c.9,s.6;
1991,c.91,s.190.
9:2-10. Order for proper care of child
9:2-10. In an action brought pursuant to R.S.9:2-9, the Superior
Court, after an investigation shall have been made by the chief
probation officer of the county in which the child may reside,
concerning the reputation, character and ability of the plaintiff,
or
such other person as the court may direct, to properly care
for such
child, shall make an order or judgment committing the child
to the
care and custody of such person, who will accept the same, as
the
court shall for that purpose designate and appoint, until such
child
shall attain the age of eighteen years, or the further direction
of
the court; provided, however, that in proper cases such care
and
custody may be exercised by supervision of the child in his
own home,
unless the court shall otherwise order. Such order or judgment
may
require the giving of a bond by the person to whose care or
custody
the said child may be committed, with such security and on such
conditions as the court shall deem proper.
Amended 1948,c.321,s.8; 1949,c.245,s.2; 1953,c.9,s.7;
1991,c.91,s.191.
9:2-11. Commitment of child to child caring society; cost of
proceedings; consent to adoption of child; support by relative
The court before which such proceedings shall be conducted,
may,
in the same manner but in lieu of committing such child, as
in
section 9:2-10 of this Title specified, commit such child to
the care
and custody of any society duly incorporated under the laws
of this
State for the care of children. In such case the court may,
in its
discretion, cause the person in whose custody such child was,
or the
county in which such child may reside, to pay all costs and
expenses
of such proceedings, and such person or society or institution
to whom
or to which such child is committed may, upon special authority
granted in the order or judgment of commitment, give his or
its
consent, and such consent will be sufficient, to the legal adoption
of such child; provided, however , that the granting of the
right
to consent to adoption shall in no wise be construed as authority
to
place a child for adoption except in accordance with the provisions
of chapter three of this Title (s. 9:3-1 et seq.).
Whenever the court shall have made an order or judgment with
respect to the care and custody of a child as contemplated by
this
Title, and it shall appear that the person in whose custody
such
child was is a relative financially able and legally liable
to
provide support for such child, the court may make a supplementary
order requiring such relative to make such payment or payments
for
the support of such child as the court may deem reasonable under
the
circumstances.
Amended by L.1948, c. 321, p. 1298, s. 9; L.1949, c. 245,
p.
786, s. 3; L.1953, c. 9, p. 73, s. 8.
9:2-13. Definitions
For the purposes of this act, the following words and phrases,
unless otherwise indicated, shall be deemed to have the following
meanings:
(a) The phrase "approved agency" means a legally
constituted
agency having its principal office within or without this State,
which
has been approved, pursuant to law, to place children in New
Jersey
for purposes of adoption.
(b) The word "child" means any person under 18 years
of age.
(c) The word "custody" means continuing control
and authority
over the person of a child, established by natural parenthood,
by
order or judgment of a court of competent jurisdiction, or by
written
surrender to and approved agency pursuant to law.
(d) The phrase "forsaken parental obligations" means
willful and
continuous neglect or failure to perform the natural and regular
obligations of care and support of a child.
(e) The phrase "mentally incompetent" means inability
to
understand and discharge the natural and regular obligations
of care
and support of a child by reason of mental disease, feebleness
of
mind, or habitual intemperance.
(f) The word "parent," when not otherwise described
by the
context, means a natural parent or parent by previous adoption.
(g) The word "may" shall be construed to be permissive
and the
word "shall" shall be construed to be mandatory.
L.1955,c.232,s.1; amended 1990,c.26,s.3.
9:2-14. Surrender of child custody; validity
Except as otherwise provided by law or by order or judgment
of a
court of competent jurisdiction or by testamentary disposition,
no
surrender of the custody of a child shall be valid in this State
unless made to an approved agency pursuant to the provisions
of this
act or pursuant to the provisions of a substantially similar
law of
another State or territory of the United States or of the Dominion
of
Canada or of one of its provinces.
L.1955, c. 232, p. 896, s. 2.
9:2-15. Surrender or termination of rights of one parent; rights
of
other parent
No surrender of custody by, nor termination of the parental
rights
of, one parent shall affect the rights of the other parent;
nor may
one parent act as the agent or representative of the other parent
in
the surrender of custody or termination of parental rights.
L.1955, c. 232, p. 896, s. 3.
9:2-16. Voluntary surrender to approved agency
An approved agency may take a voluntary surrender of custody
of a
child from the parent of such child, or from such other person
or
persons who, by order of a court of competent jurisdiction,
have been
substituted for the parent as to custody of such child. Each
such
surrender, when properly acknowledged in the manner and form
provided
by sections 46:14-6 and 46:14-7 of the Revised Statutes, shall
be
valid whether or not the person giving the same is a minor,
and shall
be irrevocable except at the discretion of the approved agency
taking
such surrender or upon order or judgment of a court of competent
jurisdiction, setting aside such surrender upon proof of fraud,
duress or misrepresentation.
L.1955, c. 232, p. 896, s. 4.
9:2-17. Form of surrender
The form of any such surrender shall be such as to declare
that
the person executing the same desires to relinquish the custody
of the
child, acknowledge the termination of parental rights as to
such
custody in favor of the approved agency, and acknowledge full
understanding of the effect of such surrender as provided by
this act.
Any such surrender may include a statement that its purpose
is to
permit the approved agency to place the child for adoption by
such
person or persons as the approved agency may select.
L.1955, c. 232, p. 896, s. 5.
9:2-18. Procedure to terminate parental rights
6. An approved agency which is providing supervision of a
child
may institute an action in the Superior Court, seeking the termination
of the rights of the parents of such child and the transfer
of custody
of such child to the agency. A prior surrender of custody as
provided
by Article II of this act shall not be deemed a waiver of notice
or
service of process in proceedings under Article III hereof.
At least
five days prior to the hearing, the plaintiff shall file with
the
court a written report as to all circumstances of the case.
L.1955,c.232,s.6; amended 1991,c.91,s.192.
9:2-19. Grounds for terminating custody
If the court shall determine that custody of the child has
been
surrendered as provided in Article II of this act, the court
may
declare that the person making such surrender shall have no
further
right to custody of the child. If the court shall determine
that a
parent of the child is dead, or mentally incompetent, or has
forsaken
parental obligation, the court may declare that such parent
shall have
no further right to custody of the child. If the court shall
determine
that a custodian or guardian has been appointed for the child,
but
that such custodian or guardian has willfully and continuously
neglected or failed to discharge the responsibilities of such
appointment, the court may declare that such custodian or guardian
shall have no further control and authority over the person
of the
child.
L.1955,c.232,s.7; amended 1990,c.26,s.4.
9:2-20. Judgment terminating rights; effect of judgment
If the court shall find that the parents of the child should
have
no further right to custody of the child, or that the custodian
or
guardian, if any, should have no further control and authority
over
the person of the child, a judgment shall be entered terminating
such
right or control and authority and transferring the custody
of the
child to the plaintiff. The judgment so entered, unless otherwise
specified therein, shall not affect the duties of the parents,
custodian or guardian with respect to support and maintenance
of the
child.
L.1955, c. 232, p. 898, s. 8.
9:2-21. Effective date
This act shall take effect July 1, 1955.
L.1955, c. 232, p. 898, s. 9.
NJS 2005 09 22
WILLFUL NONSUPPORT
NEW JERSEY PERMANENT STATUTES
(UPDATED THROUGH P.L. 2005, c.223 AND JR6.)
TITLE 2C THE NJ CODE OF CRIMINAL JUSTICE
2C:24-5. Willful nonsupport
A person commits a crime of the fourth degree if he willfully
fails to provide support which he can provide and which he knows
he is
legally obliged to provide to a spouse, child or other dependent.
In
addition to the sentence authorized by the code, the court may
proceed
under section 2C:62-1.
L.1978, c. 95, s. 2C:24-5, eff. Sept. 1, 1979.
Update: 2005 09 21
"Parents' Education Fund"
NEW JERSEY PERMANENT STATUTES
(UPDATED THROUGH P.L. 2005, c.223 AND JR6.)
TITLE 2A ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
2A:34-12.2. "Parents' Education Fund"
2. There is hereby established a separate, nonlapsing,
revolving fund in the General Fund to be known as the "Parents'
Education Fund." The Clerk of the Superior Court shall
forward the
$25 registration fee collected pursuant to section 5 of P.L.1999,
c.111(C.2A:34-12.5) for deposit in the fund. The fund shall
be
administered by the Administrative Office of the Courts and
dedicated
to the development, establishment, operation and maintenance
of the
"Parents' Education Program" created pursuant to section
3 of
P.L.1999, c.111(C.2A:34-12.3).
L.1999,c.111,s.2.
2A:34-12.3. "Parent's Education program"
3. a. There is hereby established a mandatory education program
to be known as the "Parents' Education Program."
b. The program shall be designed to assist and advise divorced
parents on issues concerning divorce, separation and custody.
The
program shall be made available twice a month. The program shall
be
administered by the Administrative Office of the Courts. The
Assignment Judge shall appoint appropriate staff to act as a
program
representative or representatives, as necessary, for each county.
c. The purpose of the program shall be to promote cooperation
between the parties and to assist parents in resolving issues
which
may arise during the divorce or separation process, including,
but not
limited to:
(1) Understanding the legal process and cost of divorce or
separation, including arbitration and mediation;
(2) Understanding the financial responsibilities for the
children;
(3) Understanding the interaction between parent and child,
the
family relationship and any other areas of adjustment and concern
during the process of divorce or separation;
(4) Understanding how children react to divorce or separation,
how to spot problems, what to tell them about divorce or separation,
how to keep communication open and how to answer questions and
concerns the children may have about the process;
(5) Understanding how parents can help their children during
the divorce or separation, specific strategies, ideas, tools,
and
resources for assistance;
(6) Understanding how parents can help children after the
divorce or separation and how to deal with new family structures
and
different sets of rules; and
(7) Understanding that cooperation may sometimes be
inappropriate in cases of domestic violence.
L.1999,c.111,s.3.
2A:34-12.4. Advisory committee, duties; report
4. a. There is hereby established an advisory committee
consisting of nine members appointed by the Governor with the
advice
and consent of the Senate. The members shall include a former
judge
who specialized in family law matters, an attorney who specializes
in
family law matters, a mediator, the Administrative Director
of the
Courts, or his designee, two mental health professionals with
experience in the field of child care, an educator, one custodial
parent and one non-custodial parent.
b. The committee members shall select a chairman from among
the
members. The committee shall develop a curriculum, guidelines,
program representative qualifications and requirements to be
used in
the "Parents' Education Program" established pursuant
to section 3 of
P.L.1999, c.111(C.2A:34-12.3). The committee shall report its
recommendations to the Administrative Office of the Courts three
months following the organization of the committee. The
Administrative Office of the Courts shall use the recommendations
of
the committee to develop a comprehensive education program.
L.1999,c.111,s.4.
2A:34-12.5. Attendance at program required; fee; exceptions
5. a. The court shall order every person who has filed an
action
for divorce, nullity or separate maintenance where the custody,
visitation or support of the minor child is an issue to attend
the
"Parents' Education Program" established pursuant
to section 3 of
P.L.1999, c.111(C.2A:34-12.3). Each party shall attend separate
sessions of the program.
b. Each party shall be required to pay a fee of $25 for
registration in the "Parents' Education Program" which
shall be
forwarded by the Clerk of the Superior Court for deposit in
the
"Parents' Education Program Fund" established pursuant
to section 2 of
P.L.1999, c.111(C.2A:34-12.2).
c. Except as provided in subsections d. and e. of this section,
the court shall require all parties who have filed an action
for
divorce, nullity or separate maintenance where the custody,
visitation
or support of the minor child is an issue to complete the program
prior to entry of judgment. Failure of a party to participate
in the
program shall be considered as a factor by the court in making
any
custody and visitation determinations.
d. The court may exempt a party from attending the program,
if
the court finds good cause for an exemption.
e. The court shall not refer a party to the program if a
temporary or final order restraining either party from contact
with
the other has been issued pursuant to the "Prevention of
Domestic
Violence Act of 1991," P.L. 1991, c. 261 (C.2C:25-17 et
seq.), or if
either party is restrained from contact with the other party,
or a
child of the other party, under the criminal or civil laws of
this or
any other state.
L.1999,c.111,s.5.
2A:34-12.6. Program representatives, immunity, employment
restrictions
6. a. Notwithstanding any other provision of law to the
contrary, no person serving as a program representative in the
"Parents' Education Program" established pursuant
to section 3 of
P.L.1999, c.111(C.2A:34-12.3) shall be liable for damages resulting
from any exercise of judgment or discretion in connection with
the
person's duties unless the actions are fraudulent or evidence
a
reckless disregard for the duties imposed by the position. Nothing
in
this section shall be deemed to grant immunity to any program
representative causing damage by that person's wilful, wanton
or
grossly negligent act of commission or omission.
b. No person serving as a program representative in the program
shall solicit, accept employment from or counsel a program participant
for a period of one year after the program participant has completed
the program.
L.1999,c.111,s.6.
2A:34-12.7. Confidentiality of communications
7. All communications made by any program participant during
the course of attending the "Parents' Education Program,"
established
pursuant to section 3 of P.L.1999, c.111(C.2A:34-12.3) are
confidential and shall not be admissible as evidence in any
court
proceeding.
L.1999,c.111,s.7.
2A:34-12.8. Adoption of Rules by Court
8. The Supreme Court of New Jersey may adopt Rules of Court
appropriate or necessary to effectuate the purpose of this act.
L.1999,c.111,s.8.
Update: 2005 09 21
ALIMONY
NEW JERSEY PERMANENT STATUTES
(UPDATED THROUGH P.L. 2005, c.223 AND JR6.)
TITLE 2A: ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
2A:34-23. Alimony, maintenance
2A:34-23. Pending any matrimonial action brought in this State
or
elsewhere, or after judgment of divorce or maintenance, whether
obtained in this State or elsewhere, the court may make such
order as
to the alimony or maintenance of the parties, and also as to
the care,
custody, education and maintenance of the children, or any of
them, as
the circumstances of the parties and the nature of the case
shall
render fit, reasonable and just, and require reasonable security
for
the due observance of such orders, including, but not limited
to, the
creation of trusts or other security devices, to assure payment
of
reasonably foreseeable medical and educational expenses. Upon
neglect
or refusal to give such reasonable security, as shall be required,
or
upon default in complying with any such order, the court may
award and
issue process for the immediate sequestration of the personal
estate,
and the rents and profits of the real estate of the party so
charged,
and appoint a receiver thereof, and cause such personal estate
and the
rents and profits of such real estate, or so much thereof as
shall be
necessary, to be applied toward such alimony and maintenance
as to the
said court shall from time to time seem reasonable and just;
or the
performance of the said orders may be enforced by other ways
according
to the practice of the court. Orders so made may be revised
and
altered by the court from time to time as circumstances may
require.
The court may order one party to pay a retainer on behalf
of the
other for expert and legal services when the respective financial
circumstances of the parties make the award reasonable and just.
In
considering an application, the court shall review the financial
capacity of each party to conduct the litigation and the criteria
for
award of counsel fees that are then pertinent as set forth by
court
rule. Whenever any other application is made to a court which
includes an application for pendente lite or final award of
counsel
fees, the court shall determine the appropriate award for counsel
fees, if any, at the same time that a decision is rendered on
the
other issue then before the court and shall consider the factors
set
forth in the court rule on counsel fees, the financial circumstances
of the parties, and the good or bad faith of either party.
a. In determining the amount to be paid by a parent for support
of the child and the period during which the duty of support
is owed,
the court in those cases not governed by court rule shall consider,
but not be limited to, the following factors:
(1) Needs of the child;
(2) Standard of living and economic circumstances of each
parent;
(3) All sources of income and assets of each parent;
(4) Earning ability of each parent, including educational
background, training, employment skills, work experience, custodial
responsibility for children including the cost of providing
child care
and the length of time and cost of each parent to obtain training
or
experience for appropriate employment;
(5) Need and capacity of the child for education, including
higher education;
(6) Age and health of the child and each parent;
(7) Income, assets and earning ability of the child;
(8) Responsibility of the parents for the court-ordered support
of others;
(9) Reasonable debts and liabilities of each child and parent;
and
(10) Any other factors the court may deem relevant.
b. In all actions brought for divorce, divorce from bed and
board, or nullity the court may award one or more of the following
types of alimony:permanent alimony; rehabilitative alimony;
limited
duration alimony or reimbursement alimony to either party. In
so
doing the court shall consider, but not be limited to, the following
factors:
(1) The actual need and ability of the parties to pay;
(2) The duration of the marriage;
(3) The age, physical and emotional health of the parties;
(4) The standard of living established in the marriage and
the
likelihood that each party can maintain a reasonably comparable
standard of living;
(5) The earning capacities, educational levels, vocational
skills, and employability of the parties;
(6) The length of absence from the job market of the party
seeking maintenance;
(7) The parental responsibilities for the children;
(8) The time and expense necessary to acquire sufficient education
or training to enable the party seeking maintenance to find
appropriate employment, the availability of the training and
employment, and the opportunity for future acquisitions of capital
assets and income;
(9) The history of the financial or non-financial contributions
to
the marriage by each party including contributions to the care
and
education of the children and interruption of personal careers
or
educational opportunities;
(10) The equitable distribution of property ordered and any
payouts on equitable distribution, directly or indirectly, out
of
current income, to the extent this consideration is reasonable,
just
and fair;
(11) The income available to either party through investment
of
any assets held by that party;
(12)The tax treatment and consequences to both parties of
any
alimony award, including the designation of all or a portion
of the
payment as a non-taxable payment; and
(13)Any other factors which the court may deem relevant.
When a share of a retirement benefit is treated as an asset
for
purposes of equitable distribution, the court shall not consider
income generated thereafter by that share for purposes of determining
alimony.
c. In any case in which there is a request for an award of
permanent alimony, the court shall consider and make specific
findings
on the evidence about the above factors. If the court determines
that an award of permanent alimony is not warranted, the court
shall
make specific findings on the evidence setting out the reasons
therefor. The court shall then consider whether alimony is
appropriate for any or all of the following: (1) limited duration;
(2)
rehabilitative; (3) reimbursement. In so doing, the court shall
consider and make specific findings on the evidence about factors
set
forth above. The court shall not award limited duration alimony
as a
substitute for permanent alimony in those cases where permanent
alimony would otherwise be awarded.
An award of alimony for a limited duration may be modified
based
either upon changed circumstances, or upon the nonoccurrence
of
circumstances that the court found would occur at the time of
the
award. The court may modify the amount of such an award, but
shall
not modify the length of the term except in unusual circumstances.
In determining the length of the term, the court shall consider
the length of time it would reasonably take for the recipient
to
improve his or her earning capacity to a level where limited
duration
alimony is no longer appropriate.
d. Rehabilitative alimony shall be awarded based upon a plan
in
which the payee shows the scope of rehabilitation, the steps
to be
taken, and the time frame, including a period of employment
during
which rehabilitation will occur. An award of rehabilitative
alimony
may be modified based either upon changed circumstances, or
upon the
nonoccurrence of circumstances that the court found would occur
at the
time of the rehabilitative award.
This section is not intended to preclude a court from modifying
permanent alimony awards based upon the law.
e. Reimbursement alimony may be awarded under circumstances
in
which one party supported the other through an advanced education,
anticipating participation in the fruits of the earning capacity
generated by that education.
f. Nothing in this section shall be construed to limit the
court's authority to award permanent alimony, limited duration
alimony, rehabilitative alimony or reimbursement alimony, separately
or in any combination, as warranted by the circumstances of
the
parties and the nature of the case.
g. In all actions for divorce other than those where judgment
is granted solely on the ground of separation the court may
consider
also the proofs made in establishing such ground in determining
an
amount of alimony or maintenance that is fit, reasonable and
just. In
all actions for divorce or divorce from bed and board where
judgment
is granted on the ground of institutionalization for mental
illness
the court may consider the possible burden upon the taxpayers
of the
State as well as the ability of the party to pay in determining
an
amount of maintenance to be awarded.
h. In all actions where a judgment of divorce or divorce from
bed and board is entered the court may make such award or awards
to
the parties, in addition to alimony and maintenance, to effectuate
an
equitable distribution of the property, both real and personal,
which
was legally and beneficially acquired by them or either of them
during
the marriage. However, all such property, real, personal or
otherwise,
legally or beneficially acquired during the marriage by either
party
by way of gift, devise, or intestate succession shall not be
subject
to equitable distribution, except that interspousal gifts shall
be
subject to equitable distribution.
Amended 1971, c.212, s.8; 1980, c.181; 1983, c.519; 1988,
c.153,
s.3; 1997, c.302; 1999, c.199, s.1.
2A:34-23a. Payment of counsel fees incurred in collection of
child
support
If a party in any action to enforce and collect child support
ordered by a court pursuant to the provisions of N.J.S. 2A:34-23
has
incurred counsel fees, the court shall require the defaulting
party to
pay those counsel fees unless the court finds that the default
was
substantially justified or that other circumstances make an
award of
counsel fees unjust. The court shall determine the appropriate
award
for counsel fees and shall consider the financial circumstances
of the
parties and whether each acted in good faith.
L.1989, c.212, s.1.
2A:34-23b. Direct payments to health care provider
1. a. Notwithstanding any provision of law to the contrary,
if a
child support order or separation agreement requires the non-custodial
parent to provide health care insurance, the payment of benefits
for
any covered services under that insurance shall, upon submission
of
the relevant section of the order or agreement by the custodial
parent
to the insurer, be made directly to the health care provider.
b. Every child support order issued or separation agreement
executed on or after the effective date of this act shall provide
notice of the right of the custodial parent to have health insurance
benefits paid directly to the health care provider pursuant
to
subsection a. of this section.
L.1993,c.14,s.1.
2A:34-23c. Child support order; health care coverage provisions
1. Any order or judgment that includes child support shall
include provisions indicating the party responsible for maintaining
health care coverage for the child and the terms and conditions
by
which that coverage is to be maintained.
The provisions of the order or judgment relating to health
care
coverage shall be enforced through the National Medical Support
Notice, upon its adoption by federal regulation pursuant to
the "Child
Support Performance and Incentive Act of 1998," Pub.L.
105-200.
L.1995,c.58,s.1; amended 2001, c.188, s.2.
2A:34-23d Maintenance of certain insurance coverage in action
for
divorce.
1. a. Upon filing of a complaint for an action for divorce,
nullity or separate maintenance, where the custody, visitation
or
support of a minor child is an issue, the party who has maintained
all
existing insurance coverage or coverage traditionally maintained
during the marriage, including but not limited to, all health,
disability, home or life insurance, shall continue to maintain
or
continue to share in the cost of maintaining the coverage.
b. If a party who has maintained the existing insurance
coverage or has shared in the cost of maintaining the coverage
has had
a voluntary or involuntary change in employment status, which
may
cause the existing insurance coverage to terminate, then that
party
shall notify the other party that it may be necessary to reallocate
the financial responsibilities of maintaining the coverage.
c. Upon receipt of this notice, the party may petition the
court to reallocate financial responsibilities.
d. The court may take any action it deems appropriate to
reallocate financial responsibilities including but not limited
to
ordering a party to obtain comparable coverage or releasing
a party
from the obligation or any other order.
L.1997,c.405,s.1.
2A:34-23e Delinquent child support obligors, community service
in
addition to incarceration for contempt.
1. In addition to incarceration of a person found by the court
to be in contempt of a support order issued by the Superior
Court,
Chancery Division, Family Part, the court may order such person
to
perform community service for part, or all, of the person's
period of
incarceration.
L.2000,c.19,s.1.
2A:34-23.1 Equitable distribution criteria.
4. In making an equitable distribution of property, the court
shall consider, but not be limited to, the following factors:
a. The duration of the marriage;
b. The age and physical and emotional health of the parties;
c. The income or property brought to the marriage by each
party;
d. The standard of living established during the marriage;
e. Any written agreement made by the parties before or during
the marriage concerning an arrangement of property distribution;
f. The economic circumstances of each party at the time the
division of property becomes effective;
g. The income and earning capacity of each party, including
educational background, training, employment skills, work experience,
length of absence from the job market, custodial responsibilities
for
children, and the time and expense necessary to acquire sufficient
education or training to enable the party to become self-supporting
at
a standard of living reasonably comparable to that enjoyed during
the
marriage;
h. The contribution by each party to the education, training
or
earning power of the other;
i. The contribution of each party to the acquisition,
dissipation, preservation, depreciation or appreciation in the
amount
or value of the marital property, as well as the contribution
of a
party as a homemaker;
j. The tax consequences of the proposed distribution to each
party;
k. The present value of the property;
l. The need of a parent who has physical custody of a child
to
own or occupy the marital residence and to use or own the household
effects;
m. The debts and liabilities of the parties;
n. The need for creation, now or in the future, of a trust
fund
to secure reasonably foreseeable medical or educational costs
for a
spouse or children;
o. The extent to which a party deferred achieving their career
goals; and
p. Any other factors which the court may deem relevant.
In every case, the court shall make specific findings of fact
on
the evidence relevant to all issues pertaining to asset eligibility
or
ineligibility, asset valuation, and equitable distribution,
including
specifically, but not limited to, the factors set forth in this
section.
It shall be a rebuttable presumption that each party made
a
substantial financial or nonfinancial contribution to the acquisition
of income and property while the party was married.
L.1988,c.153,s.4; amended 1997, c.407.
2A:34-23.2 Findings, declarations relative to violation of visitation
orders.
1. The Legislature finds and declares that:
a. There has been an increase in the filings of dissolutions
of
marriages in the recent years; and
b. The best interests of the children of these marriages in< | 
