Bars parent delinquent in child support payments under certain circumstances from inheriting any part of deceased child's estate or from administering estate.

S4528

SENATE, No. 4528

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 26, 2026

Sponsored by:

Senator� BRITNEE N. TIMBERLAKE

District 34 (Essex)

SYNOPSIS

���� Bars parent delinquent in child support payments
under certain circumstances from inheriting any part of deceased child�s estate
or from administering estate.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning nonpayment of child support and amending
P.L.2009,
c.43.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1. Section 4 of P.L.2009, c.43
(C.3B:5-14.1) is amended to read as follows:

���� 4. a. As used in this section,
"minor" means a person under the age of 18 years.

���� b.��� A parent of a decedent
shall lose all right to intestate succession in any part of the decedent's
estate and all right to administer the estate of the decedent if:

���� (1)�� The parent refused to
acknowledge the decedent or abandoned the decedent when the decedent was a
minor by willfully forsaking the decedent, failing to care for and keep the
control and custody of the decedent so that the decedent was exposed to
physical or moral risk without proper and sufficient protection, or failing to
care for and keep the control and custody of the decedent so that the decedent
was in the care, custody and control of the State at the time of death;

���� (2)�� The parent was convicted
of committing any of the following crimes against the decedent:

���� (a)�� N.J.S.2C:14-2, Sexual
Assault;

���� (b)�� N.J.S.2C:14-3, Criminal
Sexual Contact;

���� (c)�� N.J.S.2C:24-4,
Endangering Welfare of Children;

���� (3)�� The parent was convicted
of an attempt or conspiracy to murder the decedent;
[
or
]

���� (4)�� The parent abused or
neglected the decedent, as defined in subsection c. of section 1 of P.L.1974,
c.119 (C.9:6-8.21), and the abuse or neglect contributed to the decedent's
death;
or

����
(5) The parent owes past
due child support that equals or exceeds the amount of support payable for six
months and no regular payments are being made or previously were made.� The
provisions of this paragraph shall not apply if the parent demonstrates, by a
preponderance of the evidence, that: (a) the parent was unemployed during the
period in which the arrears accrued, and such unemployment was not willful,
voluntary, or undertaken to avoid child support obligations; (b) the amount of
unpaid child support, not including arrears, does not equal or exceed the
amount of support payable for more than one‑half of the child�s life; (c)
the parent did not willfully or knowingly default on the child support
obligations; (d) the parent otherwise assumed the obligations of parenthood by
taking responsibility for the child�s care and development while the child was
a minor; and (e) the parent maintained a relationship with the child that
satisfies the best‑interests‑of‑the‑child standard
under Title 9 of the Revised Statutes
.

���� c.���� If a parent is
disqualified from taking a distributive share in the estate of a decedent under
this section, the estate shall be distributed as though the parent predeceased
the decedent.

(cf: P.L.2009, c.43, s.4)

���� 2. �This act shall take effect
immediately.

STATEMENT

���� This bill provides that if a
parent owes certain past due child support and the child dies, the parent would
be barred from inheriting any part of the child�s estate. �The bill applies to
situations where the� parent owes past due child support that equals or exceeds
the amount of support payable for six months and no regular payments are being
made or previously were made.

���� The bill provides that the
parent would also lose the right to administer the estate. �This means that the
parent would also be barred from bringing an action for wrongful death on
behalf of the deceased child or a survival action on behalf of the child�s
estate. A wrongful death or survival action could still be brought by the other
parent, other relatives, or a person appointed by the court.

�����
The provisions of this bill would not apply if
the parent can demonstrate, by a preponderance of the evidence, that:

���� -- the parent was unemployed
during the period in which the arrears accrued, and such unemployment was not
willful, voluntary, or undertaken to avoid child support obligations;

���� -- the amount of unpaid child
support, not including arrears, does not equal or exceed the amount of support
payable for more than one half of the child�s life;

���� -- the parent did not
willfully or knowingly default on the child support obligations;

���� -- the parent otherwise
assumed the obligations of parenthood by taking responsibility for the child�s
care and development while the child was a minor; and

���� -- the parent maintained a
relationship with the child that satisfies the best-interests-of-the-child
standard under Title 9 of the Revised Statutes.