If you’re a custodial parent in New Jersey, and your ex isn’t paying child support, you’re likely dealing with a stressful and challenging situation. Child support is an essential part of providing for your child’s well-being and maintaining a balanced life post-divorce or separation. Unfortunately, when an ex refuses to pay, it can create significant financial strain. But you don’t have to face this alone—New Jersey law provides several ways to enforce child support orders and ensure that your child receives the support they deserve.
This guide will walk you through the various actions you can take to address child support non-payment, the legal consequences for your ex, and your rights as a custodial parent.
Why Is Child Support So Important in New Jersey? 
Child support in New Jersey is more than just a financial obligation—it’s a legal duty established to ensure that children receive the necessary financial resources to maintain their health, safety, and well-being. Under New Jersey law, both parents are expected to contribute to the costs of raising a child, whether they share custody or one parent is the primary caretaker.
The state uses a set of guidelines to determine the appropriate amount of child support based on factors such as the income of both parents, the needs of the child, and the time spent with each parent. These guidelines are meant to provide a fair system that ensures children are provided for, regardless of the relationship between their parents.
If your ex isn’t paying child support, it can affect your ability to meet your child’s needs, from food and shelter to medical care and education. Fortunately, New Jersey has a robust system in place to assist parents in enforcing these orders.
Legal Consequences for Failing to Pay Child Support
When your ex fails to pay child support, there are several legal actions the state can take to enforce the obligation. New Jersey courts take child support enforcement seriously, and parents who neglect this responsibility can face a range of consequences. Here are some of the most common:
- Wage Garnishment:
In New Jersey, the most common way to collect overdue child support is through wage garnishment. This means that a portion of your ex’s paycheck will be automatically deducted by their employer and sent directly to the Family Support Payment Center. The garnishment will continue until the outstanding support is paid in full. - Contempt of Court:
If your ex continues to refuse paying child support despite a court order, they may be held in contempt of court. This is a serious matter that can result in fines, penalties, and even jail time. The court may also modify the original child support order to increase the payment amount, ensuring that the parent meets their financial obligations. - Seizing Assets:
New Jersey has the authority to seize assets to collect overdue child support. This may include intercepting tax refunds, garnishing bank accounts, or placing liens on property. This measure is taken when other enforcement options, like wage garnishment, have failed. - Suspension of Licenses:
If your ex continues to ignore child support orders, New Jersey may suspend various licenses, including their driver’s license, professional licenses, and even recreational licenses like hunting or fishing permits. This can have a significant impact on their daily life and work, offering additional pressure to pay the support owed. - Criminal Charges:
In extreme cases of non-payment, New Jersey may pursue criminal charges for non-support or “nonsupport of dependents,” a crime that can result in a jail sentence. This is typically reserved for cases where there is a demonstrated ability to pay but a deliberate refusal to do so.
Mr. Freeman represented me in a child custody case during the beginning of difficult times of Covid. As a father, I was at first worried about what the outcome of the case Maybe. However, Mr. Freeman assured me he would get me my rights.
Thanks to knowledgeable Mr. Freeman and his professional staff, I was granted my rights. Cindy & Mr. Freeman were able to answer all my questions without delay. Highly recommend!
SAM BEAST
If you need a great family lawyer I recommend the freeman law center without hesitation. My life was a complete shambles because of the divorce I had to go through I didn’t know that i could feel so bad. The efforts that I received from Brian was outstanding and I can’t put in words how much I appreciated the way I was treated by his staff.
Their slogan “Quality and Commitment” was not just words it was action.
RON THATCHER
Steps to Take if Your Ex Isn’t Paying
If your ex isn’t meeting their child support obligations, there are several steps you can take to address the issue.
- Contact the New Jersey Family Support Payment Center:
The first step is to reach out to the New Jersey Family Support Payment Center. The center is responsible for managing child support payments and enforcing orders. They can provide guidance on how to proceed with enforcement actions, such as garnishing wages or withholding tax refunds. - File a Motion for Enforcement:
If your ex is behind on payments, you can file a motion in family court to request that the court enforce the child support order. The court may take immediate steps to enforce the order and ensure that payments resume. This could include a hearing where your ex may be required to explain their failure to pay and face consequences. - Request a Child Support Modification:
If your ex’s financial situation has changed, they may be eligible for a modification to their child support order. For example, if they lost their job or have a significant change in income, they may petition the court for a lower support amount. However, any modification must be approved by the court, and you should be prepared to show evidence of their financial changes. - Seek Legal Help from a Family Law Attorney:
If your attempts to resolve the issue on your own have not been successful, it may be time to consult with a family law attorney. A lawyer who specializes in child support cases can help you navigate the legal system and ensure that your rights and your child’s needs are protected. An attorney can represent you in court and take legal action to enforce child support payments.
Related Videos
The First Step of Divorce
The Cost of Divorce
Enforcement Methods: What Happens if My Ex Continues to Refuse to Pay?
If your ex continues to refuse paying child support, New Jersey law provides further enforcement mechanisms to ensure that they comply with their obligations. These measures are designed to compel payment and bring about resolution.
- Intercepting Tax Refunds:
New Jersey has the authority to intercept tax refunds to cover unpaid child support. If your ex is due for a state or federal refund, the Department of Human Services can seize part or all of the refund and apply it toward the outstanding child support debt. This action is particularly effective because tax season is a time when many non-paying parents have a lump sum of money that can be seized. - Impact on Credit Reports:
Failure to pay child support can also have a significant impact on your ex’s credit score. The non-payment will be reported to credit bureaus, making it more difficult for them to secure loans, credit cards, or even housing. This may serve as an additional deterrent to paying the support owed. - Possible Jail Time:
In cases of extreme or long-term non-payment, your ex may face criminal prosecution for child support non-payment. New Jersey courts can impose jail time for those who willfully neglect their child support responsibilities. This is a last resort but can be a powerful tool for compelling compliance.
Your Rights as a Custodial Parent in New Jersey
As a custodial parent in New Jersey, you have the legal right to pursue child support payments for your child. If your ex is not paying support, you can take action to ensure that they fulfill their financial responsibilities. It’s important to remember that child support is a legal obligation that exists regardless of your personal relationship with your ex.
New Jersey offers several resources to help you enforce child support orders, and you don’t have to go through this process alone. With the right legal tools, you can work to ensure that your child receives the support they deserve.
How Freeman Law Center, LLC Can Help
If you’re struggling with a non-paying ex and need assistance enforcing child support in New Jersey, Freeman Law Center, LLC, is here to help. Our experienced family law attorneys specialize in child support cases and are committed to helping custodial parents navigate the legal process. Whether you need to file a motion for enforcement or need help pursuing other legal actions, we’re here to support you and your family.
Don’t hesitate to reach out to Freeman Law Center, LLC, to schedule a consultation. We will work tirelessly to help you secure the financial support your child deserves.