Both parents are required by law to support their children following divorce. If the parent ordered to pay child support stops paying, the parent receiving it has the right to pursue enforcement.
Why would a parent stop paying support? Maybe their financial situation has changed and they are unable to pay, or perhaps they simply do not want to pay anymore. Whatever the reason, they cannot stop paying without facing repercussions.
You can try and negotiate to get payment from your ex who has stopped paying. Or you can seek enforcement through the Probation Division (if payments are made through Probation) or file an application in Family Court to have support enforced, assuming there is a child support order. You can also first try to negotiate to get outstanding payments and, if not successful, take the enforcement step.
SPEAK WITH AN ATTORNEY IF YOUR EX STOPS PAYING CHILD SUPPORT
You should also consider talking to a family law attorney when support payments are missed. “What to do if my ex stops paying child support” is a concern that experienced attorneys who practice in divorce and the related issues of child support and child custody and visitation have almost certainly addressed.
While every child support case is different, an attorney will examine all the facts of your particular situation and advise you about what may be the most strategic and effective path to take to get the money that you need and are owed for your child’s care. Getting past-due payments can be a complicated undertaking—so it is best to have a skilled legal representative working on your behalf and that of your children.
NEGOTIATE WITH YOUR EX FOR CHILD SUPPORT PAYMENTS
It may be worth reaching out directly to your ex-spouse (or ex-partner you have a child with, if you were never married) to ask why they have stopped paying before taking enforcement actions. Make sure you have a written record of missed payments, including the dates payments were due, how much was due on each date, and the total amount now due. This record and any bank statements or documentation you may have that helps prove missed payments and amounts will be valuable in case your ex disputes that they have missed paying support.
If there is a great deal of acrimony between you and your ex and you are not comfortable dealing directly with them, your attorney can handle this contact with your ex and/or their lawyer, to try to determine the reason child support payments have stopped. It could be possible to negotiate or mediate a payment plan or other solution rather than resorting to Probation enforcement or court intervention
Whether this is a viable option for you can depend upon your relationship with your ex, the circumstances of their situation, and their past behavior when it comes to making payments. Have they always been willfully slack in paying, such as paying late or not paying the full amount, which could indicate that they are not that interested in adhering to their child support responsibilities no matter what?
Or have they been responsible in making payments in the past but have suddenly stopped, which could indicate a financial issue or other significant change in circumstances for them? If there is a material change in their circumstances, modification to the child support order is a possibility, if that is something that you are in concurrence with.
If you don’t agree with a modification, but your ex wants to reduce what they pay, it will be up to them to convince a judge why it is necessary. You will also have to appear before the judge in this situation. Your attorney will represent you in defending the existing support order.
CHILD SUPPORT ENFORCEMENT PROCESS
When trying to negotiate a resolution is not even a possibility, or negotiation attempts have been unsuccessful, you will have to have the order enforced. If payments are made through Probation, enforcement actions that may be taken against your ex by the New Jersey Child Support Enforcement Program include the following:
- Income withholding
- Reporting of child support debt to credit agencies
- Seizing of assets
- Using tax refunds to pay debt
- Intercepting lottery winnings
- Suspending driver’s license
- Suspending of professional and recreational licenses
- Passport denial
- Applying any civil settlements and awards to past-due payments
- Liens on real estate and personal properties.
Your ex, whether they pay through Probation or direct pay, can also be held in contempt of court if they do not comply with child support orders. This could result in arrest and potential incarceration.
Toward enforcing support through court intervention, your attorney can request a hearing with a judge. You will be required to appear, as will your ex. Once the court hears all the facts and evidence from both sides, a determination will be made regarding enforcement. If your ex does not appear for the hearing, the judge may issue a bench warrant for their arrest.
REACH OUT TO A NEW JERSEY LAWYER FOR HELP GETTING YOUR CHILDREN THE FINANCIAL SUPPORT THEY ARE OWED
Did your ex stop paying their child support obligation? Let one of our dedicated child support lawyers help you get the money you are owed to care for your children. Getting child support from someone who is unwilling or seemingly unable to pay it can be challenging. But with the help of our diligent attorneys, who will work to determine why payments have stopped and the most strategic course to getting missed and future payments, you will have the best chance for a positive resolution. Don’t wait to contact our lawyers. The more payments that are missed, the more difficult it may be to collect all past-due child support monies.
Contact [MFR] Men’s & Fathers’ Rights Divorce Lawyers at our offices in Hackensack to schedule a consultation with an understanding and effective attorney who assists with child support enforcement. We can be reached by calling (201) 880-9770 today.
