This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.
Revised civil case information statements include COVID indicator, technical edits
The Supreme Court has released a new Civil Case Information Statement that includes a specific question on whether a claim is related to COVID-19. The new CIS, found in the Rules of Court as Appendix XII-B1, will be effective May 1.
In addition to the new question, a number of amendments are being made to Page 4 of the CIS, which reflect new multicounty litigation case types and remove several others. Technical edits have also been made to the form as well. For a copy of the form, go to njcourts.gov.
Protective order memorializes revised standard for release of records
The Revised Standard Protective Order to be used in all family dockets prohibits disclosure of records authorized for release, except when expressly stated. Directive #02-22 supersedes Directive #18-21 and memorializes the court’s current practice to either conduct an in-camera review of the documents or confirm the relevant parties’ consent to release the documents.
It also provides that the documents cannot be used in any other matter without express written permission of the court and how they are to be handled when the documents are no longer required – either by destroying the records or returning them to the originating agency.
The directive lists three situations when the protective order should be used:
- Records relating to matters involving the Division of Protection and Permanency (DCP&P)
- Juvenile court records to be used in criminal Extreme Risk Protection Order (ERPO) matters
- Records obtained in contested custody, parenting time, and visitation matters filed in the dissolution and non-dissolution dockets.
For a full copy of Directive #02-22 and a sample Protective Order, go to njcourts.gov.
Court increases amounts in child support guidelines
The Supreme Court issued revised guidelines for child support considerations, which include:
- Under Appendix IX-A effective June 1:
o An increase in the self-support reserve from $372 to $392 per week under 7(h) (Assumptions Included in the Child Support Guidelines);
o Increases in the weekly and annual net incomes of the Shared-Parenting Household Net Income Thresholds under 14(e) (Shared-Parenting Arrangements);
- Under Appendix IX-B:
o An increase in the net income amount under 20(a) (Extreme Parental Income Situations) of $392 from $372;
- Under Appendix IX-E effective June 1:
o Amendments to the withholding amount of Social Security tax withholding for high-income persons and poverty guideline amounts in Appendix IX-B;
- Under Appendix IX-E effective immediately:
o Increased child care cost amounts from $3,000 to $8,000 for one child or $6,000 to $16,000 for two or more children;
o A replacement of the Federal Child Care Tax Credit Table in its entirety;
o Changes in the N.J. State Child Care Tax Credit Table;
- Under Appendix IX-H:
o A replacement of the Combined Tax Withholding Tables For Use With the Support Guidelines in its entirety;
- Under Appendix IX-H:
o Amendments to the comments to conform with the updated amounts reflective in the changes above.
For a full copy of the order, go to njcourts.gov.