For information on NewJersey Child Support
New Jersey Child Support
License Suspension forFailure to Pay child Support.
Under New Jersey law, parents, whether they are married to each other ornot, are equally responsible for the support of their children. In New Jersey,this obligation is in effect until the children reach the age of 18 or whenthey graduate from high school, whichever comes later. It is important toremember that support does not automatically stop just because your child turns18. Your "ex" must first file a motion to terminate the support he is paying.Further, if your child is a full-time student in good standing, the Court maydetermine that he or she is still a dependant, and require your husband to paychild support, contribute toward college costs, or a combination of the two.
Even if your "ex" moves out of state, you canstill enforce the child support judgment. Armed with your New Jerseysupport order, you can go to the other state's court to enforce the obligation.This is done through a "reciprocal" or URESA, petition in the Family Court inthe County where you live. While this is not an overly complicatedprocess, the Court staff can assist with this. Be patient as these actionscan take several months.
Enforcing Child Support
Parent Locator Service - Obtain Wage Assignment - A Writ of Execution
Civil Contempt - Driver's License Suspension - Criminal Contempt
Tools You Can Use to Collect Child Support
It's a major headache for everyone when aparent refuses to pay his or her court ordered child support. This is aserious problem of national dimensions. A recent study found that lessthan half the parents awarded child support receive payment in full. TheU.S. Census Bureau reported that in 1999, non-custodial parents failed topay $13 billion the owed in child support payments. This failure isa major cause of poverty in children.
- Families receiving public assistance - In New Jersey, each county has established a child support enforcement agency that can assist you in collecting child support from your spouse. This agency has responsibility for collecting child support for families receiving cash assistance. However, you may also apply for help even if you are not receiving cash assistance. If you do receive cash assistance in New Jersey, you must assign child support rights to the state. You must also help to locate the parent who is absent from the home.
If you do not cooperate, you may be denied public assistance benefits.
- Families not receiving public assistance - Services are available to non-public assistance parents by the payment of a non-refundable $25 fee. If you are representing yourself, and you are not on cash assistance, applying to the child support agency in your county for help is an excellent method of obtaining legal representation at minimal cost.
A child support order is as enforceable asany other court judgment or decree. A parent who is owed child support canuse each and every legal tool available to enforce the order, includingwage garnishments, wage assignments, contemptof court decrees and the seizure of the non-payor's property by writof execution.
Use theGovernment's Parent Locator Service
Nonpaying parents mayhide from the custodial parent in order to avoid their child supportobligation. They may even go so far as to move out of state to avoid theirresponsibilities.
In order to fix this problem, the federalgovernment has created the Parent Locator Service (The law alsorequires the states to establish a Parent Locator Services). Thelaw allows you to use the resources of the federal government (includingthe Social Security Administration and the Internal Revenue Service) tolocate a nonpaying parent's employer. Once found, the custodial parent orthe state can enforce the child support order and collect unpaid supportrecovering support from tax refunds. The law also permits the IRS topay past due child support from tax refunds thatthe nonpaying parent is due from thegovernment.
For more information on the Parent LocatorService, contact the local office of the Departmentof Health and Human Services.
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A wage assignment is a special procedure thatallows the court to order an employer to make direct payments to thecustodial parent from the wages of the supporting parent. You can apply tothe court for a wage assignment. Notice of this action must be served onthe paying parent's employer. The employer willdeduct child support like any other deduction from the paying parent'spaycheck and send the money directly to the custodial parent. Ifthe nonpaying parent holds a steady job, this is a very valuable tool.
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A child support order can be enforced justlike other court judgments. The court can seize assets of thenonpaying parent such as real property, bank accounts, stock, a paid-offcar or other property. If you want to try thismethod of enforcing child support, it is a goodidea to find an experienced attorney.
If you choose to go forward on your own,you should be aware that the New Jersey Court Rulesprovide a wide variety of means to execute on judgments.
- A judgment creditor (you) can use legal methods to find out whether a debtor (the non-paying parent) has assets and where the assets are located, if you have a money judgment.
- One rule provides for the issuance of a writ of execution which is used to obtain real and personal property of the debtor or to exclude the debtor from having access to or use of personal property or to remove it from the premises.
- Also the sheriff will use to post notice of the writ of execution on real property and to remove, label, or post notice of the attachment of personal property.
If you are not successful obtaining theproperty using the methods described above, you have other choices. Forexample, you can garnish the property of the judgment debtor. Generally awrit of garnishment is used when a third party is holding property of thejudgment debtor (no-paying parent). The rulestates when the writ may be filed and what information shall be includedin the writ.
In addition to the methods of securing a wagelien offered in the New Jersey Rules, the legislature has passed laws toassist recipients of support to collect the funds due them from parentsordered to pay child support.
- You may bring a civil contempt action
- You may seek a criminal prosecution
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Bring aCivil Contempt of Court Action.
If a person willfully disobeys a lawful childsupport order, s/he can be jailed for contemptof court. The civil contempt action is brought by the custodial parent.The court clerk will have the proper forms. After that, the nonpayingparent will have to be notified (served withprocess) since he or she has the Constitutionalright to appear at the hearing and present a defense. If the nonpayingparent is served and does not appear, the trial court will order a benchwarrant issued for his or her arrest.
If the court (finds beyond a reasonabledoubt) that the parent has willfully failed to pay valid child supportorder, the court can order the nonpaying parent jailed. (A parent showingthat they did not have the ability to pay will not be found in contempt ofcourt, however s/he will continue to owe the money.)
Often, the mere threat of jail issufficient to pry open the non-paying parent's pocketbook. However, insevere cases, parents will be jailed. Sometimes the jail sentence will endonly when the proper payment has been made.
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All states also have criminal lawson the books to punish parents who refuse to pay their child support.New Jersey law says a parent is required to support his/her child. Aperson who violates the law may be fined up to $100 and/or imprisoned forup to 3 years.
The state Child Support EnforcementAdministration tries to track down parents who owe child support and getthem to pay. . If you want help from the Child SupportEnforcement Administration to collect overdue child support, you can callyour local agency amd tell the person who answers that you want to open achild support account. The agency will mail you a form to fill outand will tell you how to make an appointment to see someone in your localchild support enforcement bureau.
Your local child support enforcement officewill forward information about your case to the child support unit of thelocal State's Attorney's office. If you do not have court-orderedchild support, the State's Attorney will get a court order that thenon-paying parent must pay. The Child Support EnforcementAdministration will the enforce the order, and may take action such ascontacting the non-paying parent's employer to have child support withheldfrom paychecks. If all the Administration's efforts fail, theAdministration will refer your case to the local State's Attorney's officefor criminal prosecution. If thedefendant (non-paying parent) is found guilty, he or she may be jailed orthe guilty parent may be put on probation and allowed to remain free if heor she pays all back child support and makes all future payments in atimely manner.
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Tools You Can Use to Collect Child Support
- A child support order may be enforced in the following ways:
- Use of Government's Parent Locater Service: resources of federal government including Social Security Administration and the Internal Revenue Service can be used to locate non-paying parent via an employer. Once found, the custodial parent or state can enforce the order and collect unpaid child support. The law also permits the IRS to pay child support arrears from tax refunds the non-paying parent may be owed by the government.
- Wage Assignment: the court can order an employer to make direct payments to the custodial parent from the wages of the non-paying parent.
- Request of Writ of Execution: property can be seized upon proper application to the court.
- Civil Contempt: Civil contempt is intended to (1) preserve and enforce the rights of private parties to a suit and (2) to compel obedience to orders and decrees primarily made to benefit the parties. A person charged with contempt can resolve the charge by paying the past due child support.
- Criminal Prosecution
- Uniform Enforcement of Support Act: this permits a party to complain to the local district attorney about unpaid child support by a parent who lives out of state. The local district attorney can then contact a district attorney in the locale where the non-paying parent lives. That office can then bring an action to enforce the order.
