Unpaid child support in NJ puts children at jeopardy
Child support is a debt owed: not just because the courts say so, but because children depend upon financial support and are entitled to economic security.
Some estimates put the amount of unpaid child support as high as $113 billion dollars throughout the U.S.
The reasons why child support is not paid and the non-custodial parent finds themselves in arrears may include job loss or other financial hardship.
In those cases, the non-custodial parent should seek modification as soon as possible.
Deliberately failing or refusing to pay is a different matter. It is not just detrimental to your children’s well-being, it’s illegal.
It could be a matter of pay the child support or pay the consequences
New Jersey judges regard non-payment of child support as a serious problem and are strict when it comes to enforcing child support orders.
As arrearages accrue, the consequences for the non-compliance with court-ordered child support become increasingly severe.
Penalties may include:
- Garnishment of wages or levying of a bank account: Depending on your income level and the number of weeks of support that has not been paid, under New Jersey law up to 65 percent of your disposable earnings (the amount left after required deductions) may be garnished. The state may also levy your bank account.
- Confiscation of tax refunds: Both federal and state income tax refunds can be confiscated through the Treasury Offset Program (TOP) to cover past-due child support payments. Likewise, any lottery winnings, personal injury settlements or worker’s compensation awards may be subject to seizure.
- Driver’s license suspension: Non-payment of child support is one of only a few reasons why the state can suspend a driver’s license for issues not related to motor vehicles. This penalty may be ordered by the court if the non-custodial parent is six or more months in arrears on child support payments.
- Report of back child support to credit agencies: If a court judgment is made regarding past-due child support, it shows up on credit reports as adverse information and can significantly lower credit scores.
- Issuance of a bench warrant: Failure to pay child support can result in a bench warrant, which gives the police the authority to immediately arrest the offender.
- Inability to get or renew a U.S. passport: Any application for a new passport or renewal of an existing passport will be denied by the Department of State until past-due payments or acceptable arrangements are made with the appropriate agency.
Providing advocacy and experience in NJ child support matters
We provide skilled legal guidance for parents seeking enforcement of child support as well as those who may need to modify orders.
To learn more about how we can help, please contact us online or call our office at (732) 214-1103 to schedule a consultation with New Brunswick Child Support Lawyer Steven Cytryn.
