Reviewed by Dominic A. Tomaio, ESQ.
Key Takeaways
- Never stop paying; unpaid support becomes a judgment that cannot be erased.
- Enforcement can include garnishment, liens, and license suspension.
- Instead, ask the court to modify the order.
When parents divorce, the court wants both parents to contribute to the needs of the children. If you are a non-custodial parent, chances are that you are going to have to pay child support. In the event you are unable to afford your child support payments, you should not simply stop paying. Unpaid child support can lead to an enforceable court-ordered judgment that cannot be erased, and may result in wage garnishment, tax return interceptions, property liens, and even suspended licenses. As such, if you are unable to afford these payments, you should file a motion to modify the existing court order. In accordance with Lepis v. Lepis, the court may modify child support if a parent can show a substantial, permanent, and involuntary change in circumstances that hinders their ability to meet these payments. Just stopping payments is rarely a good idea. You should talk to our Morris County, NJ child support attorneys and figure out what to do next.
What Happens If I Just Don’t Pay Child Support?
If you cannot pay child support and you just don’t tell anybody, you start to build up a backlog of payments that all need to be addressed eventually. At the same time, you are giving your ex an extremely good reason to bring you to court. If you do not pay child support, you could be held in contempt. That can mean fines and jail time.
Obviously, it’s hard to get someone to pay child support from a prison cell. Jail time is a last resort, but you should know what kinds of punishments are on the table! It is more likely that you will suffer economic consequences. The court could:
- Garnish your wages
- Place a lien against accounts or property
- Withhold tax refunds
You could also have your driver’s license suspended.
How New Jersey Enforces Unpaid Child Support
It’s important to understand that the consequences New Jersey implements for unpaid child support are supported by specific statutory tools, and missed payments will not simply disappear over time. As such:
- Arrears become a judgment automatically: In accordance with N.J.S.A 2A:17-56.23a, outstanding child support will convert to an enforceable judgment by operation of law, meaning it cannot be retroactively reduced or dismissed. These backlogged payments will follow you until they have been paid in full.
- License suspension has a trigger point: Under N.J.S.A. 2A:17-56.41, a driver’s, professional, or recreational license can be suspended once arrears reach roughly six months of support, and reinstatement usually requires a payment toward the balance or a court-approved plan.
Can I Change My Child Support Agreement?
Instead of just refusing to pay child support when things get tough, the smart move is to ask the court for a modification. A child support agreement can be changed, especially when there is evidence that the economic situation of one or both parents has changed dramatically. Good reasons for requesting an adjustment can include a medical emergency or the loss of a job. If your situation improves, the agreement can be modified again.
The Legal Standard for Lowering Child Support
It is necessary to understand that New Jersey will not lower support for every hardship, as the courts must consider these matters on a case-by-case basis using the standard established in the Supreme Court case Lepis v. Lepis. This requires the parent seeking the modification to prove that the circumstances have changed substantially
- Substantial: A minor or temporary decrease in income is not enough to warrant a modification, as a change in income must meaningfully impact your ability to meet your child support obligations.
- Permanent, not temporary: A brief gap between jobs with a stable path to employment with comparable pay typically will not warrant a modification, though a career-ending injury or significant loss of earning capacity often will
- Involuntary: Quitting, voluntarily reducing your income, or causing your own job loss will generally result in a denial of the modification petition, as the change in circumstances cannot be self-created.
How Can I Get a Judge to Decide in My Favor?
Just telling the judge that you don’t have money is unlikely to make much of a difference. You need to show the court that you cannot pay by offering up some evidence. We recommend having things like:
- Correspondence from the boss at your former job, indicating that you were let go
- Bank statements
- Medical bills, if you are claiming that an injury affects your ability to pay child support
- Testimony from doctors about your prognosis
If you lost your job, you should also be prepared to show the court that you have been making an effort to get a new one.
The Document That Anchors Your Motion
In addition to providing the necessary information and proof, you must also submit a full financial disclosure:
- Case Information Statement (CIS): This sworn statement of your income, expenses, assets, and debts is what the court uses to compare your finances before and after the change. Motions have been denied for failing to include a complete, current CIS, so it is often the single most important piece of your application.
Schedule Your Consultation
If you are struggling with a part of your divorce agreement and you need assistance modifying it, make Townsend, Tomaio, Newmark & Clancy your first call. Our lawyers will help you figure out the next steps so that you can continue to provide for your children. Contact us today to learn more.
