What if My Ex Won’t Pay Child Support?

single mother paying bills in her home

Most single parents in New Jersey will agree that supporting their children can be a financial burden. Typically, as a result of a divorce or an application made by a non-married parent, a child support order is entered. Issues commonly arise when the payor parent stops making child support payments. While the parent receiving support may feel hopeless in this situation, there is a legal remedy in New Jersey. The parent looking to receive child support can file a motion to enforce litigant’s rights. That parent can also seek the payor to be found in violation of litigant’s rights under New Jersey Court Rule 1:10-3. The filing parent must be prepared to include the prior order(s) demonstrating the child support obligation.

It is important to note that a child support order can only be enforced if it was filed with the court. This means that an agreement between the parties that is not formally memorialized and signed by a judge cannot be enforced. However, parents finding themselves in this situation should file an application with the court to establish child support, using the New Jersey Child Support Guidelines or providing a basis to deviate from the guidelines.

A parent who is owed court ordered child support should request, as part of their motion, that the court implement every legal tool available to enforce the child support order, including wage garnishments, wage assignments, contempt of court decrees, and the seizure of the non-payor’s property by writ of execution. The New Jersey Superior Court also has the authority to issue an arrest warrant if the nonpaying parent fails to appear in court for a violation hearing or falls seriously behind in child support payments. In such cases of deliberate nonpayment of child support, the offending parent could go to jail.

For more information regarding enforcement of child support in New Jersey, contact the Law Office of Lyons & Associates.  At the law office of Lyons & Associates, we represent family law clients throughout New Jersey.  We place a premium on personalized service and attention. For a private consultation, contact us online or call our office at 908-575-9777.