In April 2024, the New Jersey Supreme Court issued an order requiring that all new divorce cases filed in Mercer County would be transferred to alternative vicinages in an attempt to alleviate the backlog of cases in the Mercer County family court. While an understandable approach to address a problematic situation, this order resulted in a hardship for both Mercer County residents seeking a divorce as well as the attorneys who were representing them by requiring travel to Atlantic County, Cape May County, Burlington County, or Middlesex County.
Since April of 2024, the family court judges of Mercer County and the court staff have put forth a Herculean effort to resolve the backlog, and as a result, the transfer of cases out of county has now been ended. This means that Mercer County residents looking for a divorce will file their complaint in Mercer County, and their case will stay in Mercer County. This is a great benefit to residents and will allow for a smoother, more convenient, potentially less expensive divorce process.
The Durst Firm would like to take this opportunity to thank our Mercer County judges and court staff for all they did to address this situation and allow our cases to return home.
The obligation to pay child support is one that the State of New Jersey takes very seriously and there are a number of consequences that can occur should a parent fail to make their court-ordered child support payment. If you find yourself in a financial position where satisfying your child support obligation becomes impossible, it is important that you take steps as soon as practical to get the obligation reduced, modified, or possibly temporarily suspended. A parent who has a child support obligation should not simply stop paying, as measures of self-help are not welcomed by the court. At The Durst Firm, we have helped individuals address problems paying child support and minimize, if not avoid, the consequences of falling behind. Being proactive and being prepared are keys to a successful outcome. Please note that the information and suggestions contained in this post are not legal advice and the information is being supplied for informational purposes. Only if you wish to discuss the particular years of your case, please contact us to arrange a confidential consultation.
New Jersey treats child support as a court order with the full force of a civil judgment. The Family Part (often through the county Probation Child Support Enforcement unit) monitors compliance and can trigger a range of enforcement tools when payments lapse.
Most child support orders are paid by income withholding (otherwise known as a wage garnishment). If the recipient of the child support wishes to have it implemented in this manner, they have an absolute right to do so, and the paying party has little ability to object or oppose this payment method. The benefit to having your income withholding or even direct payments made through the probation department is that an independent accounting will be maintained as to all payments made or missed. This eliminates the “he said, she said” debates that often arise and which can be time-consuming to substantiate and present to the court.
After after non-payment of child support or the providing of health insurance on behalf of a child has continued for a period of time (generally six months or more), the probation department can impose a series of consequences designed to compel payment and make sure that the child is provided for.
One consequence of falling behind in your child support obligation is the suspension of your driver’s license, professional license, or recreational license, which includes hunting and fishing licenses. The suspension can remain in place until the arrears have been paid in full or the court has ordered modified or alternative payment arrangements.
A second method of compelling compliance with past due child support awards is the seizing of state and federal tax refunds that might otherwise be due to the payor. Refunds may be intercepted up to the full amount of the past due obligation depending upon the size of the refund. If the refund amount falls short in satisfying the entire outstanding balance the account will remain in arrears, and alternative enforcement measures may be combined with the tax refund intercept. It is important to note that a tax refund from a joint filing with a new spouse may still be seized to pay the past due child support of one of the joint filers.
Child support arrears can be reduced to a judgment which will be executed against the assets of the payor and can thereby place a lien on the net proceeds of civil settlements, civil judgments, workers’ compensation awards, and inheritances. A judgment search will be performed before the distribution of any such funds, including but not limited to proceeds from the sale of a residence. A judgment is discovered. The funds will be held and potentially paid to the recipient parent. A lien can also be placed on personal bank accounts and real estate owned by the individual who has fallen behind. Child support obligations that have been determined to be in default or in arrears may be reported to the various credit agencies, and your credit score may be negatively impacted as a result.
If you are a payor who travels internationally for either business or personal reasons, you should be aware that your passport could be jeopardized. The United States State Department will deny a new passport application or the renewal of an existing passport if child support arrears exist.
Lottery and casino winnings may also be subject to seizure in the event of child support arrears.
Simply moving out of state will not allow you to escape your child support obligation in New Jersey. Under the provisions of the Uniform Interstate Family Support Act, out-of-state child support orders can be enforced, and other states will similarly enforce New Jersey child support orders.
Snapshot of Common Enforcement Tools
Tool
Typical Trigger
Authority
Income withholding (add-on toward arrears)
Order in place or default/arrears
N.J.S.A. 2A:17-56.8, -56.9
Motion to enforce; contempt remedies (fines, jail)
Any docketed arrears judgment; civil award/estate funds
N.J.S.A. 2A:17-56.23a & -56.23b
Seizure of bank accounts/property
Delinquency with assets located
NJ Courts enforcement toolkit
Credit bureau reporting
Delinquency
N.J.A.C. 10:110-15.2(a)(8)
Passport denial
$2,500+ past-due support
NJ Child Support; ACF/OCSS guidance
Lottery/gaming intercept
≥1 month + $25 owed; $40k+ win
NJ Child Support (Gaming Intercept)
Interstate enforcement
Any order needing out-of-state reach
UIFSA (P.L.2016, c.1; C.2A:4-30.124 et seq.)
Steps that may be taken by either the recipient or the payor will be discussed in additional posts. The bottom line for both parents to understand is that New Jersey has a robust and multi-pronged approach to collecting past due child support.
Sadly, recent headlines in NJ have been dominated by tragic stories of individuals being killed by someone who was stalking or harassing them. Much of the discussion around these events questions why wasn’t more done to protect the victims. I have the same questions. I am aware of the problems with the “system” as I have seen those problems surface firsthand when representing my clients. I should note that I have no involvement in any of the recent events. In this post I won’t debate or defend the “system”, and I certainly don’t intend to criticize the victims in any way whatsoever. I simply want to provide some helpful information so that individuals can best protect themselves as best possible so that future tragedies can hopefully be prevented.
No one should be subjected to harassment, stalking or other threatening behavior. When confronted with such conduct, there are certain steps that should be taken in an attempt to obtain the highest level of protection available.
First, efforts should be made to report the problematic behavior to to anyone: friends, parents, school administrators, religious leaders, and the police. But please keep in mind that simply making people aware and filing reports is not enough. Those actions will document the situation but will not initiate any protective measures.
File criminal charges. File for a Restraining Order under the NJ Prevention of Domestic Violence Act. Such filings will put the wheels in motion. These steps can be frightening and confusing. That’s why The Durst Firm is here to help. Your safety is our primary concern.
In a divorce case, a custody expert—often called a custody evaluator or child custody expert—plays a crucial role in helping the court determine what custody arrangement is in the best interests of the child. Here’s an overview of their role:
1. Neutral Third-Party Evaluator
Custody experts are appointed by the court or requested by one or both parties to conduct a neutral, professional evaluation of the family situation. Their job is to provide objective information to assist the judge in making decisions about child custody and visitation.
The custody expert typically performs a thorough investigation that may include:
Interviews with both parents
Interviews with the child or children
Observation of parent-child interactions
Home visits to assess the living conditions
Psychological testing (if necessary)
Interviews with others involved in the child’s life (e.g., teachers, therapists, relatives)
3. Focus on the Child’s Best Interests
They evaluate a wide range of factors to determine what custody arrangement will best serve the child’s:
Emotional and psychological needs
Relationship with each parent
Stability and safety
Educational and social development
Wishes (depending on the child’s age and maturity)
4. Report and Testimony
The custody expert typically provides:
A written report summarizing findings and recommendations
Testimony in court, if required, to explain their conclusions
Their recommendations carry significant weight with the judge, although the judge is not obligated to follow them.
5. Common Titles and Credentials
Custody experts are usually professionals with backgrounds in:
Psychology (licensed psychologists)
Psychiatry
Social work
Family therapy
They must have experience in family dynamics, child development, and custody evaluations.
In Summary:
Over the past 25 years, The Durst Firm has worked with a multitude of custody and a parenting time experts on behalf of our clients. We have the skills and experience to select the right expert for your case as well as challenge the findings of an expert your spouse may have retained. A custody expert helps the court make informed, child-centered decisions in contested custody disputes by offering a professional, unbiased analysis of the family situation.
How to Select a Divorce Attorney: A Practical Guide
Divorce is one of the most emotionally and financially challenging experiences a person can face. Having the right attorney by your side can make a significant difference in how smoothly the process goes and how favorable the outcome is. But how do you choose the right divorce attorney? Here’s a comprehensive guide to help you make an informed decision.
1. Understand Your Needs
Before beginning your search, consider the nature of your divorce:
Is it amicable or contested? An uncontested divorce may require less aggressive representation than a high-conflict case.
Are there complex issues? If children, significant assets, debts, or business ownership are involved, you may need an attorney with specific experience in those areas.
What is your budget? Be realistic about what you can afford. Attorneys’ rates vary widely, and the most expensive isn’t always the best fit.
Ask for recommendations from friends, family, or professionals like therapists or accountants.
Search online directories such as Avvo, Martindale-Hubbell, or your local bar association for reviews and credentials.
Check for specialization in family law or matrimonial law, and whether the attorney focuses primarily on divorce cases. While there are many attorneys who claim to handle divorce cases, you want someone whose practice is dedicated to divorce and family law cases. This area of the law is too complex and the outcomes are too important to you for to place your trust and money with a “jack of all trades, master of none”. At The Durst Firm, we are focused on family law.
3. Evaluate Credentials and Experience
Look for:
Years in practice and experience specifically handling divorce cases.
Familiarity with local courts and judges, which can impact strategy and expectations.
Trial experience, if you suspect your divorce may end up in court.
4. Schedule Consultations
Many attorneys offer free or low-cost initial consultations. Use this opportunity to:
Assess compatibility: You’ll need to trust and feel comfortable with your attorney.
Ask about their approach: Do they favor mediation or litigation? Are they collaborative or aggressive?
Understand communication practices: How quickly do they respond? Will you communicate directly with them or through staff?
Get a sense of costs: Understand billing practices, retainer fees, and possible additional charges.
5. Ask the Right Questions
Prepare a list of questions such as:
How many divorce cases have you handled?
What is your strategy for my case?
What are the potential outcomes?
What are your fees, and what can I expect in terms of billing?
Who else will be working on my case?
6. Watch for Red Flags
Be wary of:
Overpromising: No attorney can guarantee a specific outcome.
Lack of transparency: Vague answers about fees or strategy are a concern.
Poor communication: Delays in responding to your inquiries can be a sign of future problems.
Disrespectful attitude: You want someone who respects your perspective and listens to your concerns.
7. Make Your Decision
After meeting with a few candidates, compare your notes. Choose the attorney who:
Demonstrates expertise and experience with cases like yours
Has a communication style you’re comfortable with
Offers a strategy aligned with your goals
Fits your budget and provides a clear fee structure
Final Thoughts
Choosing the right divorce attorney isn’t just about legal skills — it’s about finding someone who understands your situation, protects your interests, and guides you through a difficult chapter with clarity and compassion. Take your time, do your homework, and trust your instincts.
A well-chosen attorney can’t erase the pain of divorce, but they can make the process more manageable and ensure you emerge on the other side with a strong foundation for your future.
