How to Enforce a Child Support or Alimony Order in New Jersey

Securing a fair child support or alimony order is only part of the challenge; making sure those payments actually arrive as ordered is equally important. Unfortunately, not every co-parent or ex-spouse lives up to their legal obligations. When payments stop coming or become sporadic, it can put a serious financial strain on the person relying on that support to meet their own or their children’s basic needs.

At the Law Offices of John B. D’Alessandro, we help clients in Union, Essex, and Middlesex counties protect their rights when child support or alimony payments go unpaid. Here’s what you should know about enforcing a support order in New Jersey, and how an experienced Union family law enforcement attorney can help.

The Court Order Is Legally Binding

First, it’s important to remember that child support and alimony are not optional. Once the court enters an order, the paying party is legally required to follow it. Falling behind or refusing to pay can lead to serious consequences.

If your ex is not paying support as ordered, you have powerful enforcement tools available to you under New Jersey law.

Common Enforcement Methods

New Jersey offers several methods for enforcing child support and alimony orders. Many of these remedies are handled through the Probation Division of the Superior Court’s Family Part, which monitors and collects support payments.

1. Income Withholding (Wage Garnishment)

One of the most common enforcement tools is automatic income withholding. In many cases, the court will order that child support or alimony be deducted directly from the paying party’s paycheck. If payments are missed, the Probation Division can take steps to garnish wages until the obligation is met.

2. Tax Refund Intercept

If a parent falls behind on child support, the state can intercept their federal or state tax refund and apply it toward the unpaid balance.

3. Seizure of Assets

Courts can order the seizure of bank accounts or other assets to satisfy overdue child support or alimony.

4. License Suspension

New Jersey law allows the suspension of driver’s licenses and even professional licenses for parents or former spouses who are seriously behind on support payments.

5. Credit Reporting

Past-due child support can be reported to credit agencies, damaging the non-paying party’s credit score.

6. Court Contempt

If other enforcement measures don’t work, the court can hold a delinquent parent or ex-spouse in contempt. This can result in fines, additional legal fees, or even jail time in extreme cases.

Filing a Motion to Enforce

If you’re not receiving the support you’re entitled to, the first step is typically filing a motion to enforce the existing order with the family court. This motion asks the court to compel the other party to comply and to apply any available enforcement measures.

In your motion, you’ll need to show that the other party has failed to follow the court order and that you’ve tried to resolve the issue. Supporting documents like bank statements, payment records, or correspondence can strengthen your case.

Once the motion is filed, the court will schedule a hearing where both parties can present their sides. If the court finds that payments were wrongfully withheld, it can order immediate enforcement actions and may even order the other party to pay your attorney’s fees.

Probation Division Enforcement of Child Support

New Jersey’s Probation Division plays a central role in collecting and enforcing child support. If your order includes wage garnishment through probation, they will monitor payments and step in when payments stop.

Probation officers have the authority to:

• Garnish wages
• Intercept tax refunds
• Place liens on property
• Suspend licenses
• Report delinquencies to credit agencies

Working with the Probation Division is often an effective first step if your payments have stopped or become inconsistent.

What If the Paying Party Moves Out of State?

Support obligations don’t disappear when someone relocates. Federal and state laws allow New Jersey courts to enforce child support and alimony orders across state lines. If your ex moves to another state, you can still pursue enforcement through the Uniform Interstate Family Support Act (UIFSA), which allows states to work together to collect unpaid support.

Modifying vs. Enforcing

Sometimes, the paying parent or ex-spouse stops paying because of a significant change in circumstances, such as losing a job or suffering a serious illness. In these cases, the paying party should petition the court for a modification rather than simply stop paying.

Until the court officially modifies the order, the original obligation remains in effect. This means falling behind without permission still exposes the paying party to enforcement actions.

If you are the paying parent and you truly cannot meet your current obligation, it’s crucial to seek a modification immediately. If you are the receiving parent and you believe the other party is using hardship as an excuse, you have the right to see proof and challenge any attempt to reduce or stop payments unfairly.

Get Experienced Legal Help Enforcing Support in Union, New Jersey

When you’re relying on child support or alimony, missing payments can put your family at risk. At the Law Offices of John B. D’Alessandro, we take enforcement seriously. We know how to navigate the family court system, work with the Probation Division, and hold delinquent payors accountable so you can focus on your family’s future.

If you need help enforcing a support order in Union, Essex, or Middlesex County, contact us today to schedule a consultation. We’re here to protect your rights and make sure court orders are more than just words on paper.