Passaic County NJ Child Support Enforcement Lawyers

Family Law Attorneys in Little Falls, New Jersey

Passaic County NJ Child Support Enforcement Lawyers
Child Support

New Jersey considers financial support the right of every child. The law regarding child support is based on the foundational principle that a child is entitled to receive support from both parents. Although providing for your children is supposed to be the responsibility of both parents, many times, one parent is left to carry the weight of this responsibility alone. If you are a parent who is supposed to be receiving child support payments from your child’s other parent, and he or she is failing to pay, you do have legal recourse. The State utilizes a variety of enforcement tools to obtain the child support payments your child deserves, and an experienced New Jersey family lawyer can assist you in taking the necessary measures to set this unfortunate situation right.

The Montanari Law Group, our skilled New Jersey family lawyers assist clients with child support enforcement issues in Wayne, Clifton, Paterson, Little Falls, Montclair, and throughout Essex, Bergen, Hudson, and Passaic counties. Our firm is driven by a commitment to excellence in practice and client service, as we deploy all of our knowledge and resources to successfully resolve our client’s family law matters. If you are currently seeking enforcement of a child support order in New Jersey, you need a dedicated legal advocate who will fight on behalf of you and your child. To discuss your case with one of our New Jersey family lawyers, contact our Little Falls offices today at 973-233-4396 for a cost-free consultation.

Ensuring Financial Support with NJ Child Support Enforcement

Every child has the right to be physically, emotionally, and financially cared for. Regardless of their family structure, this is the case. When a couple with children legally separates, their financial responsibilities for their child’s wellbeing continue. In New Jersey, a parent given a child support order is legally required to provide financial support for their child, paid to the custodial parent. These finances help pay for the child’s housing, food, healthcare, educational supplies, and more and, by court order, must be paid monthly. While the amount a non-custodial parent is required to pay in child support is commensurate with the individual’s income and financial capacity, there are situations in which the parent cannot or does not pay child support on time or at all. In these cases, New Jersey child support enforcement services take various steps to recuperate the money owed. In certain circumstances, a parent who is perennially delinquent in paying child support risks jail time.

Child Support Enforcement Lawyers in Wayne NJ

The New Jersey Child Support Program has a specific agency of individuals tasked with enforcing child support orders that are late or unpaid. When a parent is identified as behind on payments or failing to pay, he or she is designated as in “arrears.” Essentially, the State views child support arrears as a debt that must be collected and paid. There is a computerized monitoring system that tracks these payments and swift action will be taken when a parent who is failing to pay is identified. However, in order to ensure that your case is addressed as expediently as possible, it is often necessary to be proactive, taking legal action to get the State involved.

With the help of a knowledgeable family law attorney, you can file a request for a child support enforcement hearing before a Family Court Judge, where the issue will be addressed. At a child support enforcement hearing, the court will hear the circumstances of the case, assess whether or not the paying parent is in violation of a court order, and determine appropriate consequences to enforce payment. If the parent in arrears fails to appear for the hearing, the court may issue a warrant for his or her arrest and suspend his or her driver’s license.

Find Out if You’re Eligible for Child Support Enforcement Services in NJ

A custodial parent who has not received timely child support payments according to court order is eligible to request child support enforcement services. Because New Jersey maintains an online database of child support payments, delinquent payments or debts owed – called payments in arrears – trigger action by the Child Support Agency. A family law attorney on our team can also help a custodial parent file a motion to enforce a child support order to expedite and ensure the enforcement process.

Overcoming Obstacles to Receive Child Support Payments in New Jersey

Making Your Child's Parent Pay Child Support in Caldwell, NJSome obstacles to swift child support payment arise. There are some cases in which a non-custodial parent refuses to pay child support. This lengthens the process for receiving financial support for a child but does not represent a dead end. In fact, the Child Support Agency’s County Probation Division takes a number of steps to locate owed money, including garnishing the individual’s wages, withdrawing child support debt from tax refunds, and seizing assets or property. Depending on the amount owed, enforcement can include suspension of a person’s New Jersey driver’s license, cancellation of a passport, or even a warrant for arrest. While a person may evade payment for many months, ultimately, the amount owed will be recovered, and penalties will be paid.

Sometimes an individual files a motion to modify child support payment if they are no longer able to cover the costs due to changed circumstances. This in itself can be an obstacle to effective child support enforcement, as individuals try to use this motion as an attempt to negate overdue payment. Legally, they will not be successful, and this attempt only delays payment temporarily. All court-ordered obligations up to a revised court order must be paid in full.

When a paying parent moves to another state, the Child Support Agency continues garnering income from their new employer. When this system, for some reason, does not work, a receiving parent can file a motion in the state to which the other has moved to enforce child support payment.

New Jersey Child Support Enforcement Tools

The New Jersey Child Support Program employs a diverse set of enforcement tools to ensure that child support owed becomes child support paid. Some of these include:

  • Deducting the child support amount, and any arrears, from the person’s paycheck
  • Reporting child support payments owed above $1,000 to credit agencies, which can negatively impact credit scores and the ability to obtain loans or credit cards
  • Deducting child support payments owed above $600 from lottery winnings
  • Redirecting a tax refund to the child support recipient to cover payments owed
  • Seizing assets
  • Suspending driver’s or professional licenses
  • Denying a passport
  • Deducting child support payments owed from civil awards or settlements
  • The court issuing an order requiring immediate payment of past-due support in part or in full, as well as an order requiring an arrest, should the payment not be made as directed.
  • Issuing a warrant for the person’s arrest if they fail to appear in court for a scheduled hearing or fail to comply with an existing child support order

Contact Clifton NJ Child Support Enforcement Attorneys to Discuss Your Case

If you find yourself waiting for child support payments that are late, or never received, you have the right to take legal action. Whether you are a custodial parent who is owed overdue child support, restricting your capacity to fully provide for your family, or you are a non-custodial parent facing various penalties that are upending your life, our team at Montanari Law Group is prepared to represent you and ensure your child’s best interests. We are trusted in Hawthorne, Totowa, Hoboken, Jersey City, Hackensack, Fort Lee, Passaic City, Woodland Park, and elsewhere in northern New Jersey as allies and look forward to assisting you.

Contact our New Jersey child support enforcement attorneys to discuss your current situation and to learn more about your available legal options. Begin the conversation by submitting an online contact form, or by calling our offices in Passaic County at 973-233-4396 for immediate assistance. Initial consultations are always provided free of charge.


To speak with one of our highly knowledgeable attorneys, contact us today at (973)-233-4396 or toll-free at (888)-877-7985. You can also complete the form below to begin your conversation. We are a personalized, boutique-style law firm that offers free initial consultations and flexible appointment options.