Child Support Enforcement and Contempt Proceedings

Child support is one of the cornerstones of New Jersey family law. At its foundation, child support is designed to ensure that minors receive consistent financial support from both parents – even after divorce. With this duly noted, a reality is that nonpayment or court-ordered child support remains one of the most common issues in New Jersey family law. When a child support obligation is not met, enforcement and contempt proceedings can come into play. Understanding child support enforcement and contempt proceedings is crucial for both the paying and receiving parent.

Overview of Child Support Orders

A child support order is a legally binding directive issued by a New Jersey court. A child support order sets the amount one parent must pay to the other to help cover the costs of raising a child. A child support order can be issued as part of different proceedings:

• Divorce case
• Paternity action
• Stand-alone child support case

Once entered, a child support order carries the same legal weight as any other court decree. What this means is that failure to comply can have truly serious legal consequences. These include child support enforcement and contempt proceedings.

Enforcement Mechanisms Before Child Support Contempt Proceedings

When it comes to child support enforcement and contempt proceedings, most states (including New Jersey) provide several administrative and judicial enforcement tools that can help secure payment. These tools include:

• Income withholding or wage garnishment: Employers can be ordered to deduct child support payments directly from a parent’s paycheck.
• Tax refund interception: The government can seize federal or state tax refunds to cover unpaid support.
• Driver’s and professional license suspension: Nonpayment can trigger suspension of a driver’s license or professional certification.
• Liens and property seizure: Courts can place liens on real estate or other assets until the debt is paid.

Passport denial: The U.S. State Department may deny a passport to a parent who owes more than $2,500 in back support.

Understanding Contempt of Court

Contempt of court proceedings in New Jersey and elsewhere in the United States occurs when a person willfully disobeys a lawful court order. In the child support context, contempt proceedings are designed to compel compliance with an existing order of family court. The bottom line is that appropriate payment of child support as mandated by the court is not only a legal requirement but in the best interests of a child. 

There are two primary types of contempt proceedings:

1. Civil contempt: The goal is to force the parent to comply. A judge might impose fines, order payment plans, or even jail time that can be avoided if the parent “purges” the contempt by paying what is owed or demonstrating good-faith effort to do so.
2. Criminal contempt: This is punitive. The court may impose a fixed jail sentence or fine to punish the violation of its authority. Criminal contempt is less common in support cases but may arise in extreme or repeat violations.

New Jersey Contempt Process

Child support enforcement and contempt proceedings typically begin when the custodial parent or a child support enforcement agency files a motion for contempt with the court. The motion must establish that:

• A valid child support order exists.
• The other parent had knowledge of the order.
• The parent failed to comply.
• The failure was willful rather than the result of genuine inability to pay.

A hearing will be scheduled by the court. The parent with the child support obligation has the right to notice of the hearing and to present evidence at the hearing. The parent must appear and “show cause” why they should not be held in contempt.

Final Thoughts

In conclusion, child support contempt proceedings have an ultimate aim to ensure that court orders are complied with and the welfare of children is protected. Understanding this process helps ensure that a child support order is not just a piece of paper. In every case, the prevailing principle is the best interests of a child. If you find yourself involved in contempt proceedings, you best protect your important legal interests by retaining the professional assistance of an experienced New Jersey family law attorney. You are best served retaining legal counsel sooner rather than later. If you have questions concerning going through a divorce, call the Law Offices of Peter Van Aulen at (201) 845-7400 for a free consultation.