Rule 5:6-1.When and by Whom Filed
Last amended September 1, 2017 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:6-1
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
Note: Source--new. Adopted December 20, 1983, to be effective December 31, 1983; amended November 1, 1985 to be effective January 2, 1986: amended May 25, 1999 to be effective July 1, 1999; amended July 27, 2015 to be effective September 1, 2015; amended July 28, 2017 to be effective September 1, 2017.
Plain-English Summary
Three people can start a summary support action: the party entitled to the support, an assistance agency, or — less obviously — a party who wants to establish their own support obligation. That last one matters to a parent who needs an order on the record rather than an informal arrangement.
The proviso does the real work. A summary action is available only if no other family action is pending in which the issue of support has been or could have been raised. If a divorce is already running, support belongs there, not in a separate summary case.
Proceedings under the Uniform Interstate Family Support Act are carved out of this rule entirely and follow their own statutory track.
Frequently Asked Questions
Who can file a summary action for support in New Jersey?
The party entitled to support, an assistance agency, or a party seeking to establish that party's own support obligation — provided no other family action is pending in which support has been or could be raised.
Can I file a separate support case while my divorce is pending?
Not as a summary action under this rule. The rule is available only where no other family action is pending in which the issue of support has been or could be raised, so support is dealt with inside the existing case.
Does this rule cover interstate support?
No. Proceedings under the Uniform Interstate Family Support Act are expressly excepted; Rule 5:6-4 addresses how those matters are scheduled.