What Happens When a Party Stops Paying Child Support?

The Consequences of Non-Payment of Child Support in New Jersey

When a noncustodial parent subject to a child support order in New Jersey stops making payments, the custodial parent has at his or her disposal a number of remedies. This blog post provides an overview of what can potentially occur subsequent to non-payment of support. To learn more about your rights in these circumstances, contact Lyons & Associates online or call us at 908-575-9777.

Actions That May Be Taken Against a Non-Paying Parent

In New Jersey, the court system can be used to enforce support decrees.

The Courts have a number of tools at their disposal to assist with the collection of child support payments, including:

  • Income withholding — If a noncustodial parent is employed, a party can seek an order withholding a portion of that person’s income. The employer will pay the specified amount directly to the probation department, which will then distribute the payment to the custodial parent. The order will typically include an additional amount to cover arrearages.
  • Tax refund offset — Probation also has the ability to obtain an offset of any tax refund from state or federal tax agencies, provided the arrearage exceeds a certain limit.
  • Attachment of civil award or judgment — If the noncustodial parent receives any type of civil award or settlement, the Courts may seize any portion of it to satisfy child support arrearages.
  • Other remedies — The Courts have has a number of other sanctions it can impose, including passport denial, driver’s license suspension, seizure of bank accounts or investments, and reporting arrearages to credit agencies.

It is important to understand, however, that visitation rights are not conditioned upon payment of child support. As a custodial parent, you cannot deny the other parent access to your children because the noncustodial parent is behind in child support payments.

Contact the Law Office of Lyons & Associates

At Lyons & Associates, we bring a high level of personalized service and attention to men and women in New Jersey. To schedule an appointment, contact us online or call our office at 908-575-9777.