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Assembly Judiciary Committee releases bill to curb foster‑care child‑support collections

New Jersey Assembly Judiciary Committee · October 21, 2024
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Summary

The Assembly Judiciary Committee voted to release A3517 after testimony from Legal Services of New Jersey arguing that current foster‑care child‑support collections primarily recoup government costs, can be ineffective for children and may delay family reunification.

The Assembly Judiciary Committee released A3517, the Equitable Outcomes and Child Support Collection Act, after advocates told the panel the state’s current approach to collecting child support from parents of children in foster care does more harm than good.

Mary McManus Smith, chief counsel for family law at Legal Services of New Jersey, testified in support and urged the committee to approve the bill. She said foster‑care child‑support collections are “not earmarked for the child” and are focused on recouping government spending, adding that the practice is ‘‘not effective’’ and can create barriers to reunification.

“Research … has consistently shown that there is a delay in reunification as much as 6.6 months for every $100 of child support ordered,” McManus Smith told the committee, and she described cases in which a parent’s income would be substantially garnished at the point of reunification, leaving the household unable to support the child.

Committee members pressed the witness on scope and mechanics; McManus Smith clarified that when a child is in foster care and the state pursues child‑support collection, administrative collections and arrears often go to government recoupment rather than the custodial household. She said that distinction explains why traditional child‑support rules do not serve the same function in the foster‑care context.

After questioning, the committee voted to release A3517. Roll‑call votes recorded in the transcript include Assemblywoman Flynn (Yes), Assemblyman Oth (Yes), Assemblyman Maranko (Yes), Assemblyman Hutchison (Yes), Vice Chairwoman Murphy (Yes) and Chairwoman Park (Yes). The committee chair said the bill will move forward to the next legislative step.

The bill’s written submission and testimony from Legal Services of New Jersey and a supporting letter from the Court Appointed Special Advocate of New Jersey are part of the committee record. The committee did not record any committee amendments to A3517 at today’s meeting.

The next step for A3517 is consideration by the full Assembly; the committee released the bill to that process.