How is Child Support Enforced in New Jersey?
If your child’s other parent is behind on child support payments, it is crucial that you understand your legal rights and how you can get this obligation enforced. Work with an experienced Morristown child support attorney for skilled representation and legal advice.
What is Child Support?
Child support is a financial obligation that one parent owes to the other to provide support to their shared child. When two parents split up, one is generally awarded primary custody and therefore spends the majority of the time with the child. The other parent (referred to as the non-custodial parent) is generally obligated to provide financial support for the child in the form of monthly child support payments. These funds are used primarily for food, clothing, housing, transportation, education, and other needs of the child.
How is Child Support Enforced in NJ?
Both state and federal laws are designed to help enforce child support payments and ensure that a non-custodial parent is fulfilling their obligations to their child. Below are some of the methods implemented by the Probation Child Support Enforcement in New Jersey.
- Income withholding: Income withholding, or wage garnishment, involves a court order that directs the non-custodial parent’s employer to automatically deduct child support payments from their wages and send them directly to the custodial parent or the state.
- Bench warrant: The judge can issue a bench warrant authorizing the arrest of the non-custodial parent for violating the child support order.
- Suspended licenses: The state may also suspend the non-custodial parent’s driver’s license, occupational license, or certain recreational licenses to encourage them to make the payments they owe.
- Seizure of assets: The court may allow the state to seize the non-custodial parent’s cash, bank accounts, or equivalent assets in order to collect overdue payments.
- Intercept tax refunds: If the non-custodial parent is behind on payments, NJ courts may allow the interception of state or federal tax refunds to be applied to the child support balance.
- Credit bureau reporting: Federal law requires unpaid child support in excess of $1,000 to be reported to credit bureaus, which can significantly affect the non-custodial parent’s credit.
- Liens: The state may place a lien on the non-custodial parent’s property and assets in an effort to collect overdue payments.
- Seizure of proceeds from lawsuits: If the non-custodial parent is involved in any lawsuit or action where they recover compensation, the funds can be seized and put toward the balance of their child support obligations.
- Passport denial: If a parent owes $2,500 or more in overdue child support, their application for a passport can be denied until they pay the amount in full.
- Lottery interception: If the non-custodial parent owes money in child support and wins the lottery, their winnings can be seized for the purpose of paying off the debt.
These are only some of the ways that New Jersey state law allows child support payments to be enforced. If your child’s other parent refuses to fulfill their obligation, do not hesitate to contact an attorney at Lazor Rantas, PC today for skilled legal counsel.
