Enforcing a Custody or Support Order in New Jersey

Relief to a litigant

Even where an act or omission might also be a contempt of court, a litigant may seek relief by application in the action (R. 1:10-3). The court may award counsel fees to the party granted relief, and in family actions it may grant the additional remedies in R. 5:3-7. If an order provides for commitment, it must specify the terms of release.

• FD cases. The Application/Cross Application to Modify a Court Order in kit CN 11487 includes a request to enforce a current support order. The kit notes that if your support is payable through the Child Support Enforcement Division, you should contact it first.
• FM cases. The Family Multi-Purpose Post Judgment Motion Packet (CN 10483) covers motions to enforce litigant’s rights. A motion to enforce a prior order must append a copy of it (R. 5:5-4(a)(3)).

Custody and parenting time violations

On finding that a party violated a custody or parenting time order, the court may order, in addition to relief under R. 1:10-3, any of these remedies alone or in combination (R. 5:3-7(a)):

• compensatory time with the children;
• economic sanctions, including compensation for costs such as child care incurred when a parent fails to appear for scheduled parenting time;
• modification of transportation arrangements;
• pick-up and return of the children in a public place;
• counseling for the children or parents at the expense of the parent in violation;
• temporary or permanent modification of the custodial arrangement, if in the best interest of the children;
• participation in an approved community service program;
• incarceration, with or without work release;
• a warrant to be executed upon a further violation; and
• any other appropriate equitable remedy.

N.J.S.A. 2A:34-23.3 separately lists the remedies available to a judge who sanctions a party for failing to comply with a visitation order, including counsel fees, community service, compensatory time, compensation for added costs when a parent fails to appear, and other economic sanctions.

Child support

On finding a violation of a child support order, the court may, in addition to R. 1:10-3 relief, fix the arrears and enter a judgment on which interest accrues, require periodic payments on the arrears, suspend an occupational or driver’s license consistent with law, impose economic sanctions, order community service or incarceration, issue a warrant to be executed upon a further violation, or grant other equitable relief (R. 5:3-7(b)).

• Probation Division. When an obligor fails to pay or to provide health insurance as ordered, the Probation Division notifies the obligor that enforcement proceedings may follow, and once arrears equal or exceed the support payable for 14 days, or health coverage is not provided, Probation files a verified statement with the court (R. 5:7-5(a)).
• Licenses. After notice and a hearing, an obligor’s driver’s, recreational or professional licenses may be denied, suspended or revoked if, among other grounds, arrears equal or exceed six months of support or ordered health coverage has not been provided for six months (R. 5:7-5(b)).
• Judgments. Past-due child support is a judgment by operation of law on or after the date due, and past-due support payable through Probation is docketed as a civil judgment (R. 5:7-5(d)).

The Judiciary’s child support page says the $6 application for full child support services includes enforcement services, and that partial services (payment processing, accounting and monitoring) cost $25 per year.

When parenting time used to set support is not exercised

If a support award was adjusted for parenting time and the non-custodial parent, over a reasonable period, does not follow the schedule, the custodial parent may apply to recalculate support to reflect the parenting time actually exercised. If the court finds a willful failure to comply, or that the provision was agreed to merely to reduce support, it may also award counsel fees (Appendix IX-A, paragraph 13(d)).

Primary sources

Rules and forms change. Check the current version at the source before you file. New Jersey statutes are published by the Legislature, and the Rules Governing the Courts by the Judiciary. Neither site offers a stable link to a single section, so statute and Court Rule links open the official search page; search there for the citation shown.

• R. 1:10-3, relief to litigant
• R. 5:3-7, additional remedies on violation of orders
• R. 5:7-5, enforcement of support, licenses and judgments
• R. 5:5-4(a)(3), motion attachments
• N.J.S.A. 2A:34-23.3, remedies for violation of visitation orders
• Appendix IX-A, paragraph 13(d), non-compliance with a parenting plan
• CN 11487, request to modify or enforce an FD court order
• CN 10483, Family Multi-Purpose Post Judgment Motion Packet
• NJ Courts, post-judgment motions
• NJ Courts, child support