Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. Appointments can be scheduled at 732-572-0500. He is author of the ABA's book "Criminal Law Forms".
2053 Woodbridge Avenue - Edison, NJ 08817
http://www.njlaws.com/

Tuesday, May 1, 2012

2C:62-1. Support orders for willful nonsupport

 a.  Order for support pendente lite.    At any time after a sworn complaint is made charging an offense under section 
2C:24-5 and before trial, the court may enter such temporary order as may seem just, providing for the support of the spouse or children, or both, pendente lite, and may punish a violation of such order as for contempt.

      b.  Order for future support;  release on recognizance conditioned on obeying order;  periodic service of sentence.    Before trial, with the consent  of the defendant, or after conviction, instead of imposing the penalty provided  for violation of section 2C:24-5, or in addition thereto, the court, having  regard to the circumstances and the financial ability or earning capacity of  the defendant, may make an order, which shall be subject to change by the court  from time to time as circumstances may require, directing the defendant to pay  a sum certain periodically to the spouse, or to the guardian or custodian of  the minor child or children, or to an organization or individual approved by  the court as trustee.  The court may release the defendant from custody on  probation, upon his or her entering into a recognizance, with or without  surety, in such sum as the court may order and approve.  The condition of the  recognizance shall be such that if the defendant shall personally appear in  court whenever ordered to do so, and shall comply with the terms of the order,  or of any modification thereof, the recognizance shall be void, otherwise it  will remain in full force and effect.  The court may, in addition to or in place of any order under this section, order and direct that any sentence of imprisonment be served periodically, instead of consecutively, during periods  of time between Friday at 6 p.m. and Monday at 8 a.m. or at other times or on  other days, whenever the court determines the existence of proper circumstances  and that the ends of justice will be served thereby. Any person so imprisoned  shall be given credit for each day or fraction of a day to the nearest hour  actually served.

      c.  Violation of order.    If the court be satisfied by information and due proof under oath that the defendant has violated the terms of the order, it  may forthwith proceed with the trial of the defendant under the original charge, or sentence the defendant under the original conviction or plea of guilty, or enforce the suspended sentence or punish for contempt, as the case may be.  In case of forfeiture of a recognizance, and the enforcement thereof by execution, the sum recovered may, in the discretion of the court, be paid in  whole or part to the spouse, or to the guardian, custodian or trustee of such  minor child or children.

      d.  Proof of marriage;  husband and wife as witness.    No other or greater evidence shall be required to prove the marriage of such husband and wife, or that the defendant is the father or mother of such child or children, than is required in a civil action.  In no prosecution under this chapter shall  any existing statute or rule of law prohibiting the disclosure of confidential  communications between husband and wife apply, and both husband and wife shall  be competent and compellable witnesses to testify against each other as to any  and all relevant matters, including the fact of the marriage and the parentage  of the child or children.

      e.  Place of residence confers jurisdiction of offense.    The place of residence at the time of the desertion of the spouse, child or children, under the provisions of this chapter, shall confer jurisdiction of the offense set forth therein, upon the county, county district, or juvenile and domestic relations court having territorial jurisdiction of the place of such residence,  until the deserted party shall establish a legal residence in some other county  or State.

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