Key Points Associated with Enforcing a New Jersey Child Support Order

There are a number of key elements that you need to keep in mind, to clearly understand, when it comes to enforcing a New Jersey child support order. We take a moment to present for your consideration some key points that you need to bear in mind and consider when it comes to enforcing a New Jersey child support order.

Automatic Income Withholding

In most cases, child support payments are automatically deducted from the paying parent's wages through income withholding. This process, also known as wage garnishment, ensures consistent and timely payments. In New Jersey, up to 65% of disposable earnings can be withheld for child support, depending on the specific circumstances and any other wage garnishments in place. This is the frontline course of action for ensuring a New Jersey child support order.

New Jersey Child Support Program

The state's child support program, administered by the Department of Human Services, Division of Family Development, assists in enforcing orders, locating non-custodial parents, and collecting payments. This comprehensive program offers various services to ensure children receive the financial support they are entitled to under New Jersey law.

License Suspension

Failure to pay child support can result in the suspension of various licenses, including driver's, professional, and recreational licenses. This enforcement measure serves as a strong incentive for non-custodial parents to fulfill their financial obligations. The process typically involves notifying the parent of the impending suspension and providing an opportunity to rectify the situation before the suspension takes effect.

Credit Bureau Reporting

Unpaid child support may be reported to credit bureaus, potentially affecting the non-paying parent's credit score. This reporting can have long-lasting consequences on the parent's ability to obtain loans, credit cards, or even secure housing. The New Jersey Child Support Program regularly reports delinquent accounts to major credit bureaus, ensuring that non-payment is reflected in the parent's credit history.

Intercepting Tax Refunds

The state can intercept federal and state tax refunds to cover unpaid child support. This process, known as the Tax Offset Program, allows the New Jersey Child Support Program to collect past-due support from tax refunds, ensuring that children receive the financial support they are owed. The program applies to both federal and state tax refunds, maximizing the potential for collecting overdue payments. This is a relatively commonplace tactic for enforcing a New Jersey child support order.

Passport Denial

Parents who owe significant amounts of child support may be denied a U.S. passport or have their existing passport revoked. This measure is typically implemented when the parent owes $2,500 or more in child support arrears. The U.S. Department of State works in conjunction with the Office of Child Support Enforcement to enforce this policy, effectively restricting international travel for those who fail to meet their child support obligations.

Court Intervention

The custodial parent can file a motion for enforcement with the family court if payments are not being made as ordered. This legal action initiates a formal process where the court reviews the case and can take various measures to enforce the child support order. These measures may include modifying the existing order, implementing additional enforcement actions, or holding the non-paying parent in contempt of court.

Contempt of Court

Non-paying parents may be held in contempt of court, which can result in fines or even jail time in severe cases. This serious legal action is typically reserved for cases where other enforcement measures have failed to secure compliance. The court may impose fines, mandate community service, or in extreme cases, order incarceration to compel the non-paying parent to fulfill their financial obligations.

Resources for Custodial Parents

New Jersey offers various resources and support services for custodial parents who are having difficulty collecting child support. These include:

The New Jersey Child Support Website, which provides information on services and allows parents to check payment status

Enforcement Timeline

Finally, enforcing a New Jersey child support order typically follows a general timeline:

Initial missed payment triggers automated reminders

• After two to three missed payments, more serious enforcement actions may begin, such as credit reporting
• Continued non-payment may lead to license suspension proceedings after about 6 months
• Tax refund intercepts and passport denials are typically implemented for debts over $2,500
• Court intervention and contempt proceedings are usually reserved for persistent non-compliance or substantial arrears
• These enforcement measures aim to ensure that children receive the financial support they are entitled to under New Jersey law. The state's comprehensive approach combines administrative actions with legal proceedings to maximize compliance with child support orders.

If you need to talk to an attorney about child support enforcement, call the Law Offices of Peter Van Aulen, at (201) 845-7400 for a free consultation.

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