New Jersey Child Support Enforcement

Child support is not a favor from your child’s other parent. It is a legal right your child should be able to depend on for the resources they need to grow and thrive. If the other parent is not following the court order, the team at Joseph J. Russell Divorce & Family Law Attorney can help. We bring decades of experience to every family law case we handle throughout New Jersey. Backed by Wilentz, Goldman & Spitzer, P.A., one of the state’s most trusted legal institutions, we have the resources to handle routine and complex New Jersey child support enforcement matters, including cases involving business assets, hidden income, or multi-state issues.

People throughout New Jersey know us for providing personal attention to every client, our commitment to frequent communication, and our tireless advocacy. We will listen, guide, and act with urgency because we know getting the support your child needs should not be a struggle. Call now at (732) 726-6236 or complete our contact form for a confidential consultation.

Overview of Child Support Laws in New Jersey

New Jersey courts recognize that a parent’s financial responsibilities to their child do not end with divorce. Child support orders help ensure that a child’s needs are met, even if their parents are no longer together.

The guidelines for calculating child support payments in New Jersey are complicated and rely on many factors specific to each family’s situation. The courts will consider both parents’ incomes, the child’s particular needs, and how much time the child spends with each parent, among other factors. Typically, the parent that the child does not primarily live with will pay child support, as the other parent will have the bulk of the child’s living expenses.

The New Jersey Child Support Enforcement Program is responsible for ensuring parents fulfill their obligations. The program is tasked with:

• Locating parents who are court-ordered to pay child support
• Establishing paternity
• Obtaining and enforcing child support orders
• Collecting child support payments
• Taking action when child support is not paid

Common Reasons for Child Support Enforcement Actions

There are many reasons why a parent receiving child support might need legal help enforcing the court order, including:

• Missed payments – One of the most common reasons for child support enforcement actions is when the paying parent simply stops making payments altogether. Even one missed payment can lead to serious financial stress for the parent receiving support.
• Chronic underpayment – Some parents pay only part of what they owe each month. Over time, these partial payments add up to significant debts and may prompt the parent receiving support to initiate an enforcement action.
• Complete refusal to pay – In some cases, the parent paying support refuses to meet their legal obligation out of anger, spite, or disagreement with the court’s decision. Legal enforcement is often necessary when this happens to protect the child’s financial stability.
• Job or income concealment – A parent may try to avoid paying by hiding income, working off the books, or not reporting a new job. These actions often lead to an unpaid support order and can result in a court enforcement action.
• Changes in custody or parenting time – If a parent is still receiving support despite a major change in custody or parenting arrangements, the paying parent may stop paying informally. The receiving parent may then seek enforcement while the order is updated.

What to Do If a Parent Fails to Make Child Support Payments

Once the court issues an order for child support payments, the parent is required to pay, usually through income withholding. If they fail to make payments in full, on time, or at all, New Jersey courts can hold them accountable. A New Jersey child support attorney can help you pursue legal action and go to court to seek relief if your ex stops making child support payments.

The court may start by establishing arrears, which are the past due, unpaid amount of child support. This ensures your ex makes up for their missed payments. Your lawyer may also pursue other avenues for child support collection in New Jersey, such as wage garnishment.

If you are the parent failing to make your child support payments, you should speak to an attorney right away. They can help determine what options you have for getting caught up on payments or potentially modifying your child support obligation if needed.

What Are My Enforcement Options in New Jersey?

New Jersey authorities have multiple methods to enforce child support orders when the paying parent is not meeting their obligation. Those methods include:

• Income withholding – This is the most common method of enforcing child support in NJ. It involves automatically deducting money from the paying parent’s paycheck and sending it to the New Jersey Family Support Payment Center.
• Tax refund offsets – Authorities can intercept federal and state tax refunds if the paying parent owes back support. They then redirect the funds to the parent or guardian who is owed support.
• Seizure of assets – In some instances, the state can seize the paying parent’s bank accounts, investment accounts, or other financial assets to collect unpaid support. Authorities can also place a lien on a parent’s home.
• Lottery and casino prize interception – If the parent wins a state lottery or casino prize, the state can seize all or part of the winnings to cover unpaid child support.

Penalties for Failing to Pay Child Support

New Jersey authorities take unpaid child support payments seriously and do not hesitate to issue harsh penalties against parents who do not pay what they owe. Potential penalties in these cases include:

• Driver’s license suspension – The state can suspend a parent’s driver’s license if they fall behind on child support payments.
• Professional or occupational license suspension – The state can also suspend licenses a paying parent might need for work, such as those held by doctors, nurses, contractors, or real estate agents.
• Passport denial – If a parent owes $2,500 or more in child support, the authorities can deny their passport application or renewal. This can affect travel or work opportunities abroad for a parent who is behind on their support payments.
• Negative credit reporting – The authorities may report unpaid child support to credit agencies, which can damage the parent’s credit score and affect their ability to secure loans or housing.
• Warrant for arrest – In severe cases of nonpayment, a judge may issue a bench warrant, leading to the parent’s arrest and possible fines or jail time.

Modifying Child Support Orders in New Jersey

Child support orders in New Jersey are not set in stone. The courts can modify these orders when there is a significant change in circumstances for either parent or the child. For example, if the paying parent loses a job, becomes disabled, or has a major drop in income, they can ask the court to lower their payments. This may affect ongoing enforcement actions, such as wage garnishment.

On the other hand, if the parent receiving support sees a large increase in their expenses – such as higher medical bills or childcare costs – they can request more support. Changes in custody or parenting time can also affect how much support a parent owes.

However, until the court officially approves a modification, the existing order remains enforceable. Parents who do not meet their support obligation while a modification is pending risk legal penalties.

How a Family Lawyer Can Help with Child Support Enforcement

At Joseph J. Russell Divorce & Family Law Attorney, we help parents across New Jersey enforce child support orders when payments stop or the paying parent falls behind. If you should be receiving support, we can act to seek what you are owed. We can file motions with the court, which could result in garnishing the other parent’s wages, intercepting their tax refunds, requesting a license suspension, or seeking any other necessary action. We will guide you through the process, handle the paperwork, and push for swift results.

If you are on the other side of an enforcement action, we can help you respond effectively and protect your rights. Whether you need to negotiate a payment plan, challenge inaccurate claims, or request a modification, our team is here to support you with experience, discretion, and strong advocacy.

Contact a New Jersey Child Support Attorney Today to Learn More

The NJ child support lawyers at Joseph J. Russell Divorce & Family Law Attorney are here to help make sure your child receives the support they need while defending your rights. Our attorneys have over 100 years of combined experience, and our clients routinely praise our skill and advocacy on their behalf. Here is what one client said about their experience with us:

“Joe was extremely professional and knowledgeable throughout the whole divorce process. Joe also showed real compassion, he was honest, practical, patient and very responsive to all my questions and needs, which made the difference, and this difficult time much more bearable. I could rely and trust his advice thus would highly recommend Joe to my friends and family!” — Tsipi F.

Trust Attorney Joseph J. Russell to guide you through your case with clarity and confidence. Call our office today at (732) 726-6236 or complete our contact form for a consultation.