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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
Lottery and casino winnings may also be subject to seizure in the event of child support arrears.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
| Tool<\/th> | Typical Trigger<\/th> | Authority<\/th><\/tr><\/thead> | |||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Income withholding (add-on toward arrears)<\/td> | Order in place or default\/arrears<\/td> | N.J.S.A. 2A:17-56.8<\/strong>, -56.9<\/strong> <\/td><\/tr>| Motion to enforce; contempt remedies (fines, jail)<\/td> | Violation of order; failure to appear<\/td> | R. 1:10-3<\/strong>; R. 5:3-7<\/strong> <\/td><\/tr> | License suspension (driver\u2019s\/professional\/recreational)<\/td> | 6+ months<\/strong> arrears, no health coverage, subpoena\/warrant issues<\/td> | N.J.S.A. 2A:17-56.41<\/strong> <\/td><\/tr> | Tax refund intercept (state & federal)<\/td> | Past-due support<\/td> | NJ Courts & Child Support program pages <\/td><\/tr> | Judgment & liens; seize lawsuit\/inheritance proceeds<\/td> | Any docketed arrears judgment; civil award\/estate funds<\/td> | N.J.S.A. 2A:17-56.23a<\/strong> & -56.23b<\/strong> <\/td><\/tr> | Seizure of bank accounts\/property<\/td> | Delinquency with assets located<\/td> | NJ Courts enforcement toolkit <\/td><\/tr> | Credit bureau reporting<\/td> | Delinquency<\/td> | N.J.A.C. 10:110-15.2(a)(8)<\/strong> <\/td><\/tr> | Passport denial<\/td> | $2,500+<\/strong> past-due support<\/td> | NJ Child Support; ACF\/OCSS guidance <\/td><\/tr> | Lottery\/gaming intercept<\/td> | \u22651 month + $25 owed; $40k+<\/strong> win<\/td> | NJ Child Support (Gaming Intercept) <\/td><\/tr> | Interstate enforcement<\/td> | Any order needing out-of-state reach<\/td> | UIFSA (P.L.2016, c.1; C.2A:4-30.124 et seq.<\/strong>)<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n | 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.<\/p>\n","protected":false},"excerpt":{"rendered":" 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 … Continue reading |