Rule 4:44A-2. Hearing

The application shall be heard on the return date of the order to show cause. If the payee-transferor fails to appear, in person or by counsel or guardian ad litem, the complaint shall be dismissed. The court shall approve the transfer or assignment only if it expressly finds that (a) the payee-transferor either received independent professional advice regarding the transfer or assignment from a person neither affiliated with nor recommended by the assignee or transferee or that the payee-transferor has knowingly waived in writing the right to such advice; (b) the proposed transfer does not contravene any applicable statute or court order; (c) the transfer is in the best interests of the payee-transferor, taking into account the welfare and support of the payee-transferor's dependents; and (d) the transferee has complied or ensured compliance with all applicable provisions of N.J.S.A . 2A:16-69. The court shall also consider whether there have been any previous transfers and, if so, the terms thereof. The judgment approving the transfer or assignment shall incorporate the terms and conditions of N.J.S.A . 2A:16-67, which incorporation may be by reference. If the payee-transferor is a minor or an incapacitated person, the judgment also shall require that all proceeds of the assignment or transfer be deposited with the Surrogate pursuant to Rule 4:48A unless the court permits an alternative disposition that will adequately safeguard the interests of the payee-transferor.