Emotions can run especially high in family law matters when children are concerned, which makes it all the more frustrating when something as fundamental as child support payments cease without notice. Undoubtedly, these funds have factored into your financial plan, and you can quickly feel their absence in your budget.
You do, however, have recourse if your co-parent fails to contribute to the costs of raising your child, or when an order is in place, stops paying. If this is the case for you, it’s helpful to have a general understanding of how child support obligations are enforced so you can more confidently take the next steps.
How are child support payments enforced?
Child support payments are made through several different channels, and depending on how they’re paid, your options for enforcement will vary.
When payments are made through Direct Pay
Many parents choose direct pay for child support for its flexibility and control. When payments are made promptly and regularly, it can foster cooperation and effective communication between parties. However, when payments don’t proceed as agreed, it can cause significant stress and financial strain.
The first step is to attempt to resolve the issue outside the court. If possible, have a direct conversation with your co-parent about the situation and what needs to be done to remedy it.
If this isn’t possible—or the conversation doesn’t lead to a mutually agreeable solution—legal steps may be necessary. Mediation can be a good approach, allowing you to engage in a productive, solution-focused conversation. Your attorney can advise you on strategies to negotiate and work towards a resolution, such as child support modification.
If neither direct conversation or mediation are effective, you have the option of filing a motion to enforce child support orders. Working with your attorney to prepare and submit paperwork, you can request a court order that may result in immediate payment orders, a payment plan, or a bench warrant for non-compliance. They may also include legal enforcement measures—see below.
When payments are made through Probation Services
Another route to paying child support is through Probation Services, a department of the New Jersey Child Support Enforcement Program. Parents can elect to handle payments through Probation Services, or it can be court ordered.
Among other things, Probation Services is responsible for enforcing child support payments paid through the court system. If payments are delinquent, the Probation Department or your private lawyer can request a hearing in Family Court.
At this hearing, the court will decide what steps to take regarding the unpaid child support. Both you and the other parent will receive notices to appear in court. The court will listen to both sides, review the facts, and make a decision based on your specific situation.
Legal measures for child support enforcement
New Jersey takes payment of child support very seriously. As such, there are several routes available to co-parents who need help with enforcing child support. These can include:
- Wage garnishment: This can include withholding income from employers, as well as unemployment benefits, and social security or disability payments.
- Liens: The court can place liens on property until the arrears have been paid in full.
- Denial of passports, driver’s licenses, and other identification: New applications and renewals for passports as well as driver’s, recreational, and professional licenses can be denied until past-due payments are resolved.
- Intercepting tax refunds: The state can seize any tax refunds owed to the non-custodial parent and use those funds to cover past-due child support.
- Contempt of court charges: These charges can result in fines, asset seizure, and even jail time.
- Community service: The courts can mandate the non-custodial parent to perform community service in lieu of payment toward their back child support. While this action doesn’t financially benefit the custodial parent, it does hold the paying parent accountable for their responsibility to their child in the form of mandated community service.
Hiring a family law attorney can help navigate these processes and ensure all steps are followed correctly, ensuring your child’s financial needs are met.
The “why” behind not paying child support
One note to consider is that there may be compelling reasons that the paying parent has stopped making complete or even partial payments.
For example, the co-parent’s income might have changed since the support agreements were established, and these unaccounted-for changes are making payments difficult. It is also possible that their financial responsibilities have changed (e.g., they’ve had another child or are caring for aging parents), and the support agreement needs to be reconsidered in light of these situations.
This does not excuse a sudden failure to pay child support obligations, but there are times when extenuating circumstances need to be carefully negotiated to meet your long-term needs for child support. Working closely with your child support attorney can help you determine the right course of action for your specific circumstances.
What to do when your co-parent isn’t paying child support
Though it’s stressful when your co-parent stops paying child support, there are steps you can take to advocate for your child and their best interests.
Gather relevant documentation
Include as much information as you can about the incomplete or missed payments. Include dates and amounts of any missed or partial payments as well as any communication you’ve had with your co-parent regarding the missing support.
Maintain regular parenting time with co-parent
While it is frustrating, missed child support payments do not negate parenting time orders. The court’s primary concern is the best interest of the child, and that includes maintaining consistent visits with both parents as long as both are safe and fit to spend time with the child.
Consult with your child support attorney
If you can handle your complaint via the state’s Child Support Enforcement Program, why then might you need to consult with an attorney?
First and foremost, skilled legal counsel is the best resource you have when encountering establishment or modifications to child custody and support agreements. Not only can they explain your legal options and advocate for your needs in a complex system, but they also ensure that your rights are protected throughout the process.
Two primary paths are available to you in resolving issues of child support enforcement.
Resolve the issue out of court
Your first option for resolving the issue out of court is to send a letter to the parent who is delinquent on their support obligation or their attorney to compel them to make the support payments immediately.
Should negotiation be required, if it is appropriate, and makes sense based on the facts, mediation may be a viable alternative. This may be a more cost-effective and expeditious option, and it can take place in private mediation sessions with a neutral third party to reach agreements regarding owed back support (which is a tricky issue if there is no order already in place) and negotiate fair and reasonable support agreements moving forward.
File an application with the court
Should circumstances necessitate, your case for continuing or modifying the standing support agreement could also proceed to court. As described above, this is when the court determines the most appropriate way to compel the obligor to pay what is owed. While this option typically is more adversarial than out-of-court agreements, it is often necessary, especially when the parties are unable to respectfully mediate their issues privately.
Regardless of how your prior child custody and support negotiations have played out, there is always an opportunity to tailor your approach so you can protect your child’s best interests. At Jacobs Berger, we prioritize your goals and will work hand-in-hand and step-by-step with you to find the best solutions for your unique situation.
Schedule your Strategic Planning Session with one of our family law attorneys here.
