Late Child Support or Spousal Maintenance Payments – What You Can Do To Collect

New Jersey has changed the way it collects child support payments, to help prevent late payment or nonpayment of child support. Absent an express written agreement between the parents, required child support payments are withheld from the parent’s paycheck, for all support orders that began or were changed after November 1, 1990. This is true whether or not the parent has made late payments.

If a parent is not working and is receiving unemployment or worker’s compensation benefits, the New Jersey Child Support Program can withhold the child support payments from the worker’s compensation or unemployment payments.

Even with these safeguards in place, circumstances arise where a parent fails to pay child support. This is especially common among parents who are self-employed and thus not subject to income withholding from their paychecks. In these cases, the judge sets forth how the parent must pay child support. If the parent falls behind on child support payments, the custodial parent has several options available to collect the child support arrears:

  • The custodial parent should file a motion for enforcement with the family law court. This motion notifies the court that the other parent has fallen behind on his or her child support payments. The court will issue an order requiring the parent to pay.
  • If the parent still does not pay, the court can authorize interception of any state or federal tax refunds.
  • In a more serious case, the Court can issue a warrant for the parent’s arrest until the arrears are paid.
  • If the parent wins the lottery, the winnings may be seized in whole or in part to satisfy the required child support payments.
  • The court may issue an order allowing money in a bank account or real property to be seized to pay the outstanding child support.

These options are available to individuals who are owed spousal maintenance, as well.

If you are a custodial parent relying on child support payments from your child’s other parent, the law is on your side. You can get more information from the New Jersey Child Support Program website.

Do You Need Help With Past-Due Child Support Payments? Contact the New Jersey Law Office of Lyons & Associates

At Lyons & Associates, we bring a high level of personalized service and attention to each of our clients, in every family law case we handle. To schedule an appointment, contact us online or call our office at 908-575-9777.