Enforcing Child Support Orders in New Jersey: Legal Remedies and Resources

Child support is a fundamental right for children and a legal obligation for parents in New Jersey. When a parent fails to meet their child support obligations, the custodial parent and the child may suffer undue financial hardship. Thankfully, New Jersey has robust enforcement mechanisms to ensure that child support orders are followed. Below, we explore some of the legal remedies available for enforcing child support orders in New Jersey, including wage garnishment, liens, and the role of the Office of Child Support Services. If you find yourself on either side of a child support dispute in Union, Essex, or Middlesex County, contact the Law Offices of John B. D’Alessandro for advice and representation from a skilled and experienced Union child support lawyer.

Legal Enforcement Mechanisms for Child Support in New Jersey

New Jersey takes child support enforcement seriously, offering several tools to compel parents to comply with their obligations. These mechanisms are designed to make it easier for custodial parents to collect what they are owed.

Wage Garnishment

One of the most effective tools for ensuring child support payments is wage garnishment. In New Jersey, an Income Withholding Order (IWO) can be issued by the court, requiring an employer to deduct child support payments directly from the non-custodial parent’s paycheck. This method is beneficial because it provides a steady and reliable way to ensure that payments are made on time. The employer is legally obligated to withhold the specified amount and send it to the appropriate child support agency. Wage garnishment can be initiated automatically as part of the original child support order or later as an enforcement measure if payments are not being made.

Liens

Another method of enforcement available in New Jersey is placing a lien on the non-paying parent’s property. This could include real estate, personal property, or even financial assets like bank accounts. Once a lien is placed, the non-custodial parent cannot sell or transfer the property until the child support debt is satisfied. Liens are a powerful enforcement tool because they can lead to asset seizure if the debt remains unpaid for an extended period. In some cases, the property may be liquidated to satisfy the outstanding support obligation.

Tax Refund Interception

New Jersey law allows for the interception of federal and state tax refunds if a parent falls behind on child support. When a parent owes past-due child support, the state may notify the Internal Revenue Service (IRS) and the New Jersey Division of Taxation, enabling the agencies to divert any tax refund to the custodial parent. This process is especially effective in recouping a significant portion of unpaid support at once.

License Suspension

In cases where child support arrears accumulate, New Jersey courts have the authority to suspend the non-paying parent’s driver’s license and other professional or recreational licenses. The threat of losing driving privileges or the ability to practice a profession can act as a strong motivator to comply with child support orders. Once payments are brought up to date, the suspended licenses can be reinstated.

Contempt of Court

If a parent continues to refuse to pay child support despite court orders, they may be found in contempt of court. This could result in fines, community service, or even jail time in severe cases. Contempt proceedings serve as a strong legal remedy, reinforcing the importance of adhering to child support obligations. Courts may also place the non-paying parent on probation and order them to make regular payments under supervision.

Passport Denial

For non-custodial parents who owe more than $2,500 in unpaid child support, federal law allows for the denial or revocation of their passport. This enforcement method is particularly effective for individuals who may attempt to evade their obligations by traveling abroad.

The Role of the Office of Child Support Services

New Jersey’s Office of Child Support Services (OCSS) plays a vital role in helping custodial parents enforce child support orders. The OCSS offers a range of services to help collect and distribute child support, including monitoring payments and initiating enforcement actions when necessary. The agency can assist in filing for wage garnishment, placing liens, intercepting tax refunds, and more.

Parents who are experiencing difficulties collecting child support can seek assistance from the OCSS without needing to retain an attorney, though having legal representation may speed up the process or handle more complex enforcement issues. The OCSS operates under the New Jersey Department of Human Services and works closely with the courts to make sure that support orders are executed and followed.

NJKiDS System

The New Jersey Kids Deserve Support (NJKiDS) system is an online platform managed by the OCSS, where custodial and non-custodial parents can monitor child support payments, access account information, and seek support services. This system enhances transparency and allows parents to track payments in real time. The NJKiDS system can be an invaluable tool for ensuring compliance with child support orders.

How the Law Offices of John B. D’Alessandro Can Help

If you are facing issues with enforcing a child support order in Union, Essex, or Middlesex counties, the Law Offices of John B. D’Alessandro can assist you and represent you in the legal process. Our experienced family law attorney understands the frustration and financial challenges that arise when child support goes unpaid. We can help you pursue legal enforcement options, from wage garnishment to contempt proceedings, ensuring that you receive the support you and your child are entitled to.

We can also help if you are a non-custodial parent facing enforcement actions due to unpaid child support. Whether you need assistance negotiating a repayment plan or challenging an enforcement measure, our team is here to guide you and protect your rights.

Contact Us Today for Help With Child Support in Union, New Jersey

Enforcing child support orders is essential for the well-being of children and ensuring their financial stability. New Jersey offers multiple enforcement mechanisms, and having dedicated legal representation can help ensure your rights are protected and your needs are met. Whether you are seeking to enforce a child support order or need help resolving a dispute over child support, the Law Offices of John B. D’Alessandro is ready to help. For more information or to schedule a consultation, contact us today at 908-964-0102.