What Happens if I Don’t Follow a Child Support or Alimony Order?

If you don’t pay your child support and/or alimony as ordered, you could be guilty of a crime in the state of New Jersey. Willful non-support of a spouse or child is a fourth degree offense under New Jersey law. N.J. Stat. 2C:24-5. While a non-support violation can result in incarceration, the court also has the option of ordering the parent to perform community service for part or all of the parent’s term of incarceration. N.J. Stat. 2A: 34-23e.

New Jersey law also provides for different types of remedies when a parent or spouse has violated a child support and/or alimony order. N.J.R. 5:3-7B. These remedies include:

  • Entering the arrearage amount as a judgment and assessing interest against that judgment
  • Requiring the parent or spouse to make additional payments toward the arrearage amount
  • Suspending an individual’s occupational license or driver’s license
  • Imposing economic sanctions
  • Ordering participation in a community service program
  • Ordering the parent or spouse to serve a period of incarceration, with or without work release
  • Issuing a warrant if the violations of the support and/or alimony order continue

If the Probation Division of Child Support Enforcement (a/k/a NJ Family Support Services) is handling your child support case, that office has the power to use administrative enforcement tools, including the following:

  • Credit reporting when a parent’s arrearage is $1,000 or more
  • Intercepting a parent’s state and/or federal income tax refunds
  • Intercepting lottery winnings of $600 or more when a parent’s arrearage is $1,000 or more
  • Denying a passport when a parent’s arrearage is $2,500 or more
  • Seizing assets, such as the proceeds of an insurance claim
  • Suspending recreational licenses when support has not been paid for six months or more

The family law attorneys at Argentino Family Law & Child Advocacy, LLC, know how to handle all aspects of New Jersey family law cases, whether they involve the enforcement of child support or alimony orders, or other issues altogether. We are here to help and give you the advice that you need. Contact our office by e-mailing us at info@argentinolaw.com or call us at (973) 868-0958 to schedule an appointment with one of our experienced family law attorneys today.