Child support orders are meant to ensure that children receive the financial support they need to thrive, regardless of their parents’ relationship status. Unfortunately, not all parents comply with these orders, leaving their children without the resources they need. In New Jersey, there are several ways to enforce child support orders, ensuring that parents meet their financial obligations to their children.
Income Withholding
Income withholding is the most common way to enforce child support orders in New Jersey. This method requires the non-custodial parent’s employer to withhold the ordered child support amount from their paycheck and send it directly to the custodial parent or the state agency responsible for collecting child support payments. The New Jersey Child Support Automated System (NJSFAS) is responsible for overseeing the income withholding process and ensuring that payments are made on time.
Driver’s License Suspension
If a non-custodial parent fails to pay child support, their driver’s license can be suspended. This can be a powerful tool in enforcing child support orders because most people need a driver’s license to get to work and earn a living. A driver’s license suspension can be lifted once the non-custodial parent brings their child support payments up to date.
Passport Denial
Another tool New Jersey uses to enforce child support orders is passport denial. If a non-custodial parent owes more than $2,500 in unpaid child support, they may be denied a passport or have their current passport revoked. This can prevent the non-custodial parent from leaving the country and potentially avoiding their child support obligations.
Liens and Seizure of Assets
If a non-custodial parent has significant assets, such as real estate or investments, New Jersey may place a lien on those assets or seize them to satisfy their child support obligations. The state can also seize bank accounts, cars, and other personal property to collect past-due child support.
Contempt of Court
If a non-custodial parent continually fails to comply with child support orders, they may be held in contempt of court. This means they can be fined, sentenced to jail, or both. Contempt of court is usually reserved for extreme cases where other methods of enforcement have failed.
Credit Reporting
New Jersey also has the power to report delinquent child support payments to credit reporting agencies. This can affect a non-custodial parent’s credit score, making it more difficult for them to obtain loans, credit cards, or other forms of credit. This can be a powerful motivator for non-custodial parents to comply with their child support obligations.
Modification of Child Support Orders
Sometimes, a non-custodial parent may find themselves unable to make their child support payments due to a change in circumstances, such as job loss, illness, or disability. In these cases, they can request a modification of their child support order to reflect their current financial situation. However, it is essential to follow the proper legal procedures when requesting a modification to avoid facing penalties for non-payment.
Collaboration with Other States
New Jersey is part of the National Child Support Enforcement Network (NCSE), which allows the state to collaborate with other states to enforce child support orders across state lines. If a non-custodial parent moves out of state, New Jersey can work with the other state to collect child support payments and ensure that the child receives the financial support they need.
Legal Action
If all other methods of enforcement have failed, New Jersey can take legal action against a non-custodial parent to collect past-due child support payments. This can involve filing a lawsuit, obtaining a court judgment, and using legal means to collect the amount owed, including garnishing wages or seizing assets.
Enforcing child support orders in New Jersey is essential to ensure that children receive the financial support they need to thrive. There are several methods of enforcement available, including income withholding, driver’s license suspension, passport denial, liens and seizure of assets, contempt of court, credit reporting, modification of child support orders, collaboration with other states, and legal action. If you are a custodial parent struggling to collect child support payments, it is crucial to work with an experienced family law attorney to explore your options and ensure that your child receives the support they are entitled to.
Freeman Law Center, LLC. is a family law firm in New Jersey that specializes in child support cases. We can help you navigate the complex New Jersey child support system and ensure that your child receives the financial support they need.
Our services include:
Establishing Child Support Orders
Freeman Law Center, LLC. can help you establish a child support order that reflects your child’s needs and your financial situation. We can also help you understand the child support guidelines in New Jersey and ensure that the order is fair and equitable.
Enforcing Child Support Orders
If you are struggling to collect child support payments, Freeman Law Center, LLC. can help you enforce your child support order. We can use various methods of enforcement, including income withholding, driver’s license suspension, passport denial, liens and seizure of assets, and legal action.
Modifying Child Support Orders
If your financial situation has changed since the original child support order was established, Freeman Law Center, LLC. can help you request a modification of the order. We can guide you through the legal process and help you ensure that the modification reflects your current financial situation.
Representing You in Court
If your child support case goes to court we can represent you and ensure that your rights are protected. We have extensive experience in New Jersey family law and can use their knowledge to build a strong case on your behalf.
Providing Legal Advice
Freeman Law Center, LLC. can provide you with legal advice and answer any questions you may have about the New Jersey child support system. We can help you understand your rights and obligations and ensure that you make informed decisions about your child’s future.
Freeman Law Center, LLC. can help you with all aspects of New Jersey child support, including establishing, enforcing, and modifying child support orders, representing you in court, and providing legal advice. If you are struggling with child support issues in New Jersey, contact us to schedule a consultation and get the help you need.