What Happens if You Don’t Pay Child Support

Child support is a legal obligation, not a suggestion. In New Jersey, court-ordered child support is strictly enforced, and failing to pay can lead to serious legal and financial consequences. Many parents fall behind due to job loss, illness, or other life changes, but ignoring a child support order or assuming the issue will resolve itself can make matters far worse.

At the Law Offices of John B. D’Alessandro, we regularly assist clients on both sides of child support disputes—parents seeking enforcement of unpaid support and parents who need help addressing arrears or modifying an unaffordable order. Understanding what happens when child support goes unpaid is the first step toward protecting your rights and avoiding escalating penalties. For help with support issues in Union, Essex or Middlesex County, contact the Law Offices of John B. D’Alessandro to speak with an experienced and dedicated Union child support lawyer.

Child Support Is Enforced by the Court and the State

In New Jersey, child support orders are enforced through the Probation Division of the Superior Court. Once a support order is entered, payments are tracked, and any missed or partial payments are recorded as arrears. These arrears do not disappear on their own, even if circumstances change or the child turns 18. Interest may accrue on unpaid child support, and enforcement actions can begin quickly once payments fall behind.

Wage Garnishment and Income Withholding

One of the most common enforcement tools is income withholding. If child support is not paid voluntarily, the court can order an employer to deduct support directly from the paying parent’s paycheck. This applies not only to wages but also to bonuses, commissions, unemployment benefits, and, in some cases, workers’ compensation or disability benefits. Once wage garnishment is in place, it remains active until the support obligation is satisfied or the court orders otherwise.

Seizure of Tax Refunds and Other Funds

If you owe child support arrears, the state may intercept your federal and state tax refunds and apply them toward the unpaid balance. In some cases, lottery winnings, bank accounts, or other assets may also be seized to satisfy overdue support. These enforcement actions can occur without a separate court hearing once arrears reach a certain threshold.

Driver’s License and Professional License Suspension

New Jersey courts have the authority to suspend a driver’s license for nonpayment of child support. For many parents, this can interfere with employment and make it even harder to catch up on payments. In addition to driver’s licenses, the court may also suspend professional or occupational licenses, including those required for certain trades or professions. This consequence can have long-term career implications if not addressed promptly.

Credit Damage and Financial Consequences

Unpaid child support can be reported to credit bureaus, negatively affecting your credit score. A damaged credit profile can make it harder to obtain loans, housing, or favorable interest rates. Child support arrears can also prevent you from obtaining passports or renewing them, which may impact travel for work or personal reasons.

Court Appearances and Contempt Proceedings

If child support remains unpaid, the court may schedule an enforcement hearing. At this hearing, the judge will review your payment history and financial situation. If the court determines that you had the ability to pay and willfully failed to do so, you may be found in contempt of court. Penalties for contempt can include fines, payment plans, mandatory job search requirements, and, in severe cases, jail time. While incarceration is generally a last resort, it is a real possibility when a parent repeatedly ignores court orders.

Child Support Does Not Go Away Automatically

A common misconception is that child support ends automatically when a child turns 18 or graduates from high school. In New Jersey, child support generally continues until age 19 and may extend longer in cases involving college attendance or special needs. Importantly, arrears remain owed even after the obligation ends. Past-due support does not disappear simply because the child is emancipated.

What If You Truly Cannot Afford to Pay?

Life circumstances change, and New Jersey law recognizes that child support orders may need to be modified when there is a substantial change in circumstances, such as job loss, reduced income, serious illness, or disability. However, the key point is this: you must act promptly. Child support does not adjust automatically. Until a court modifies the order, the original amount remains legally enforceable, even if it is no longer realistic. Filing a motion to modify child support as soon as your circumstances change can prevent arrears from accumulating and reduce the risk of enforcement actions.

What If the Other Parent Is Not Paying?

If you are the parent entitled to receive child support and payments have stopped, you have the right to seek enforcement. The court can pursue wage garnishment, license suspension, and other remedies to collect what is owed. An experienced family law attorney can help you navigate enforcement proceedings and ensure that the court has accurate information about the other parent’s income and assets.

Contact a Union Child Support Lawyer Today

Child support enforcement cases can escalate quickly, and the consequences of inaction are often severe. Whether you are facing enforcement actions or trying to collect overdue support, having legal representation can make a critical difference. An attorney can help you understand your options, communicate with Probation, file the appropriate motions, and advocate for a fair resolution.

The Law Offices of John B. D’Alessandro assist clients throughout Union, Essex, and Middlesex Counties with child support enforcement and modification matters. If you are dealing with unpaid child support—whether as the paying or receiving parent—experienced legal guidance can help you protect your rights and move forward with clarity. Contact our office for practical advice and skilled representation.