Rule 5:14-2. Consent Conference; Trial

As soon as practicable after commencement of the action, an in camera consent conference shall be conducted as provided by law by the Family Part Intake Service. If the alleged father does not acknowledge paternity or fails to appear at the conference or the conference is terminated because it is unlikely that the parties will accept a recommendation, the Family Part Intake Service shall schedule the matter before a Child Support Hearing Officer. If there is an articulable reason for suspecting that the alleged father is the natural father, the Child Support Hearing Officer shall recommend to the court that the parties be ordered to participate in paternity tests. The tests shall be scheduled within 10 days of the date that the order for paternity testing is entered. Refusal to participate in paternity testing pursuant to an order of the court shall be admitted into evidence and shall give rise to the presumption that the results of the tests would have been unfavorable to the party who refused to submit to the tests. Refusal to participate in paternity testing pursuant to an order of the court is subject to the contempt power of the court. Upon receipt of the results of the paternity tests, the Family Part Intake Service or its designee shall send a copy of the paternity test results to the parties. The alleged father may contest the results of the paternity tests on the basis of fraud or inaccurate testing within 10 days of his receipt of the results by sending a written communication to the Family Part Intake Service. If the alleged father contests the results of the tests on the basis of fraud or inaccurate testing, the court shall order that additional paternity tests be scheduled within 10 days of the order for supplemental paternity testing. If the results of the paternity tests meet or exceed the specific threshold of probability set by the State, a conclusive presumption of paternity is established without the need for foundation testimony or proof of authenticity and the court shall,upon the expiration of the time to contest the results of the paternity tests, enter a Judgment of Paternity. If the parties acknowledge paternity at a Family Part Intake Service consent conference or Child Support Hearing Officer proceeding, a Judgment of Paternity shall be prepared, signed by the parties, and submitted to the court for approval. If the establishment of paternity and child support are requested in the original complaint and paternity is subsequently adjudicated or acknowledged, the Family Part Intake Service shall schedule a conference with the parties or a hearing before a Child Support Hearing Officer to recommend to the court an appropriate child support award determined in accordance with the Appendix IX child support guidelines. If all parties accept the recommendation, a child support order shall be entered accordingly. If a party fails to participate in paternity testing as ordered by the court or the results of the paternity tests do not meet or exceed the specific probability threshold set by the State the action shall be listed for trial which shall be by the court unless a written request for a jury has been filed as required by law. If the alleged father fails to appear at the trial after being served in accordance with Rule 4:4-4, a judgment of paternity shall be entered by default in accordance with N.J.S.A. 9:17-52.1.