Enforcement

If the person paying support is entitled to a federal or state tax refund or other rebates, that refund may go towards paying the arrears owed. This action may occur if: 

• The amount of unpaid support is at least $150 in public assistance cases.
• The amount of unpaid support is at least $500 in non-public assistance cases.

If you have arrears owed to the public assistance agency, federal tax offset funds will apply to those arrears first before any arrears owed to the person receiving support.

State tax offset and other rebates:

The amount of unpaid support must be equal to or greater than one month’s support obligation.

The Child Support Program works with banks to seize funds from a person’s bank account to satisfy past-due support. This occurs in the following circumstances: 

• In arrears only cases, any arrears greater than $500 or if the arrears payback is not satisfied for the previous two months and/or;
• In charging cases, if the arrears three times greater than the monthly support obligation (MSO) and/or the arrears payback and MSO have not been satisfied for the previous two months

If the person responsible for paying support is not making payments, the Child Support Program may be able to seize assets, such as bank accounts, stocks, or bonds to pay the support.

In some cases, court action may be necessary to enforce the child support order. Your child support worker in the Probation Division or a private lawyer may request a hearing in Family Court.  At this hearing, the court will decide what action to take against a parent who owes child support. Both parents will receive notice to appear in court. The court will hear the case, examine the facts and reach a decision.

The decision could include:

• An order requiring an arrest, should the payment not be made as directed.
• An order requiring immediate payment of past-due support in part or in full.
• An order requiring a specific amount of payment in addition to the current child support order.

A passport application can be denied if the person paying child support owes $2,500 or more. The NJ Child Support Program will refer these cases to the Federal Office of Child Support Services (OCSS), which is part of the US Department of Health and Human Services (HHS). OCSS works with the US State Department to deny passport applications or renewals for anyone who owes $2,500 or more. New Jersey has a zero arrears policy, which generally means the arrears must be paid in full before the passport restriction will be removed.

The person paying support can request an administrative review of the decision through the NJ Office of Child Support Services, Administrative Enforcement Unit by documenting:

• The child support arrears never exceeded $2,500, or
• The travel is required for employment, a serious medical emergency, or the imminent death of an immediate family member.

The NJ Office of Child Support Services, Administrative Enforcement Unit will review and advise the customer of the resolution. 

Warrants may be issued in connection with a child support case if the person paying support doesn’t appear for a court date, also known as a failure to appear warrant. A court order may also require the person paying support to make the next two support payments or a bench warrant will be issued, also known as a failure to comply warrant. Arrest from a warrant may lead to incarceration.

A person paying support who owes over $1,000 in child support payments will have this debt reported to credit agencies. This may impact their credit rating when buying a home, car or getting credit cards.

If the person paying support owes one month in unpaid child support plus an additional $25 and wins $600 or more in the New Jersey lottery, the amount owed in child support may be deducted from those winnings and applied to the arrears.

Any money that the person paying support may be entitled to as part of a court-awarded lawsuit or settlement may be applied to past-due child support payments. Note that the non-custodial parent will receive the first $2,000 of the settlement before it is applied to their child support arrears.  

The Child Support Program can place a lien, or a legal claim, on the person owing support’s real estate or personal property to pay arrears owed. 

Any child support not paid becomes a judgment against the person paying support. A judgment is created automatically through the child support computer system, NJKiDS.  This means the amount due must be paid and satisfied before property can be sold or transferred. 

If the child support payments have not been paid for six months or more, NJ licensing agencies may suspend, revoke or deny any licenses the person paying support has or is applying for. This includes driving, professional, occupational, recreational or sporting licenses.

If the person paying support owes one month in unpaid child support plus an additional $25 and wins $40,000 or more from an in-person Slot Machine Jackpot, online sports wagering, or Internet Gaming, the amount owed in child support may be deducted from those winnings and applied to the arrears.