If you don’t pay child support in New Jersey, there is a chance that you will be sentenced to jail as a way to penalize you and enforce the order. For more information, read on and speak with an experienced Bergen County criminal defense lawyer today.
Can I Face Jail Time if I Don’t Pay Child Support in NJ?
If you don’t pay child support in New Jersey, yes, you could be subject to jail time. Once you begin missing payments, you will accumulate arrears, the term for overdue support. Interest or enforcement fees could also be added to the amount you owe.
Child support orders are issued by the court, making them legally binding and enforceable. When you willfully disobey a court order, you can be charged with contempt. Depending on the details of the circumstances, you could face civil or criminal charges and associated penalties, including a term of imprisonment.
As a disorderly persons offense, contempt can result in up to 6 months in jail. However, it can also be considered a fourth-degree crime, depending on the situation, which can be accompanied by up to 18 months of imprisonment. These sentences are not uncommon for a first offense, but the actual length of time you will serve will vary depending on the details of your offense.
How Else Can Child Support Be Enforced?
The New Jersey Child Support Enforcement Program helps locate parents ordered to pay child support and enforces the court order through a variety of actions. Jail time is one of the least common methods of enforcement and is generally only used in extreme circumstances.
Some of the many ways that child support obligations can be enforced in New Jersey, besides imprisonment, include:
- Income withholding
- Enforcement hearings
- Suspended driver’s, occupational, or recreational licenses
- Seizure of cash or cash-equivalent assets in bank accounts
- Intercept federal or state tax refunds
- Report judgments
- Credit bureau reporting
- Liens attached to property and assets
- Seizure of proceeds from lawsuits
- Passport denial
- Lottery interception
These are some of the most common methods of enforcing child support payments and ensuring that a custodial parent pays the money owed to the custodial parent.
What if I Can’t Afford Child Support?
There is a chance that your circumstances have changed, like if you lost your job, became ill, or developed a disability that altered your financial situation. If you genuinely cannot afford to make your child support payments, it is crucial that you do not stop paying without notice. If you do, you will continue accumulating arrears, which must be paid eventually.
If you can no longer afford to make child support payments, file a motion with the court to modify the order. Depending on your circumstances, the court may approve a reduction and lower the amount you are required to pay monthly. However, any overdue payments will still have to be paid in full. That is why you should never stop paying child support without permission from the court.