Failing to Pay Child Support in NJ isn’t something most parents plan. It usually starts with one missed payment—hours get cut, a job ends, the self-employed month doesn’t come in, or a “temporary” handshake agreement with your co-parent turns into something neither of you can prove later.
Then the notices show up. Suddenly you’re worried about your license, your tax refund, a passport renewal, or a court date you didn’t expect.
At Sammarro & Zalarick, P.A., we sit with Bergen County parents in this exact moment: stressed, trying to protect their kids, and also trying not to get crushed by a system that can move fast once arrears start building.
1. Failing to Pay Child Support in NJ creates arrears—and arrears don’t “go away”
New Jersey calls missed support “arrears.” It’s a simple term—past-due child support that is still owed.
What surprises people is how “official” that past-due balance can become. New Jersey’s child support enforcement information explains that unpaid child support becomes a judgment, created automatically through the child support computer system (NJKiDS).
And arrears don’t disappear just because the current obligation ends. If there’s back support owed when the obligation terminates, Probation can continue enforcing the past-due amount as an “arrears only” case.
From a lawyer’s point of view, this is why we push clients to face arrears head-on. The earlier you deal with the imbalance, the more options you usually have.
2. Wage withholding is the default in New Jersey (even if you didn’t ask for it)
In New Jersey, income withholding is the standard way child support is collected. The NJ Courts guidance states that, by law, court-ordered child support is subject to income withholding.
Most payments flow through the New Jersey Family Support Payment Center, and if withholding isn’t in place (self-employed, unemployed, new job, etc.), the obligation doesn’t pause—you’re still responsible for making sure the payment gets made.
Job changes matter more than people expect. The NJ Courts guidance says the obligor is required to report employment changes to Probation within 10 days.
In practice, this is a common “accidental arrears” scenario: someone starts a new job, assumes withholding will catch up, and three missed payments later they’re in enforcement.
3. Informal deals (and direct payments) usually don’t protect you
A lot of enforcement cases begin with: “But I paid her directly.”
If the order requires payments through the Family Support Payment Center and monitoring by Probation, Probation has no way to track payments made directly. New Jersey’s own guidance explains that credit can’t be given to the payor/obligor without a court order.
Also, “helpful parenting” is not the same as “child support.” Buying diapers, clothes, or other goods generally doesn’t count toward court-ordered support.
If you and your co-parent truly want to change how support is paid, the safe approach is to change the order. Otherwise, you can end up in a brutal position: you paid, but the system still shows you didn’t.
4. Parenting-time problems don’t excuse nonpayment
This point is hard, because it’s emotional.
If your co-parent is interfering with parenting time, it’s tempting to say, “Then I’m not paying.” In court, that usually backfires. Child support and parenting time are handled as separate issues, and withholding support to “force” cooperation typically just creates arrears—and gives the other side an easy enforcement path.
If parenting time is being blocked, focus on documenting what’s happening and using the correct court process to enforce the schedule. At the same time, do your best to stay compliant on support (or take action to modify it). Judges notice the parent who keeps the child stable while asking for help, and they notice the parent who turns a conflict into a financial crisis.
5. Enforcement starts with Probation—and it can escalate quickly
New Jersey’s Probation Child Support Enforcement monitors support obligations and can take enforcement action when support isn’t being paid or other court-ordered provisions (like health coverage) aren’t being met.
Enforcement often starts with adding an “arrears payback” amount and scheduling an enforcement hearing.
If a hearing is scheduled, treat it like a must-attend. NJ Courts guidance warns that if the court is satisfied you received notice and you don’t appear, a bench warrant might be issued and a default enforcement order can be entered.
Probation’s enforcement options can include recording a judgment, bank levy, tax refund offset, passport denial, and credit reporting.
6. Tax refunds, bank levies, liens, and intercepts are often the first pressure points
Most people worry about jail first. In many cases, financial enforcement comes sooner.
New Jersey’s enforcement page explains that federal and state tax refunds (and certain rebates) can be offset toward arrears. It even lists specific thresholds, such as a minimum amount of unpaid support in public assistance and non-public assistance cases.
Bank levies are also part of the toolbox. The state describes circumstances where it can work with banks to seize funds to satisfy past-due support—including certain arrears-only situations and cases where recent payments weren’t satisfied.
Beyond bank accounts, the program may seize assets, place liens on real or personal property, and apply certain civil awards or settlements to arrears (with some rules about how much of a settlement is protected).
And yes—lottery and gaming intercepts are real. New Jersey describes intercepts tied to certain arrears amounts and certain prize thresholds.
7. Passport denial can hit at $2,500 in arrears
This is the “surprise consequence” we see most often with clients who travel for work or have family abroad.
New Jersey’s child support enforcement page states that a passport application can be denied if the person paying support owes $2,500 or more in child support arrears, and that these cases can be referred through the federal system to work with the U.S. State Department on denial of issuance or renewal.
New Jersey also references a “zero arrears” policy for removing the restriction (generally requiring arrears to be paid in full), and it outlines an administrative review process for limited situations (for example, disputes about whether arrears ever exceeded the threshold or certain emergency travel circumstances).
If you’re close to that arrears number and travel matters, don’t wait until your passport renewal is denied to take action.
8. Credit reporting can follow you long after you start paying again
Child support isn’t always “just between parents.” When enforcement includes credit reporting, it can spill into mortgage applications, auto loans, and credit cards.
New Jersey’s enforcement page states that a person owing over $1,000 in child support payments will have the debt reported to credit agencies and that it may impact credit ratings.
Even after you get current, the consequences can linger. That’s why we focus not only on catching up, but also on building a payment plan that prevents you from dropping back into enforcement again.
9. License suspensions can affect your job, not just your driving
License suspension is broader than most people realize.
New Jersey’s enforcement information explains that if child support hasn’t been paid for six months or more, licensing agencies may suspend, revoke, or deny licenses—including driving, professional, occupational, recreational, or sporting licenses.
There’s an important practical nuance, too. Legal Services of New Jersey notes that driver’s licenses are no longer automatically suspended simply because a child support bench warrant is issued, and that the process typically involves due process steps (often including a hearing).
That said, once you’re in the “six months behind” territory, license consequences become very real—and they can quickly turn into an employment problem, which makes it harder to pay.
10. If you can’t pay, act early: modification and termination rules
Two mistakes cause the most damage: doing nothing, and assuming the order will “adjust itself.”
New Jersey’s guidance is clear that a child support order is not automatically adjusted due to incarceration, and parents remain required to pay while incarcerated. The state outlines steps to request a modification during incarceration, notes that a judge may issue a Halliwell order to prevent certain enforcement actions while incarcerated (without stopping the obligation), and emphasizes post-release filing deadlines tied to seeking arrears reduction back to the date of the initial application.
Outside incarceration, the child support program also describes built-in review mechanisms like a cost-of-living adjustment process (generally eligible every two years) and triennial review notices (every three years).
Finally, don’t assume support ends at 18. NJ Courts and NJ Child Support both explain that current support generally ends at 19, with exceptions that can extend it (commonly up to age 23) and special rules allowing continuation beyond 23 in severe incapacity cases.
If you stop paying because you “thought it ended,” that’s how arrears start.
A Bergen County lawyer’s practical advice if you’re behind right now
Show up. Communicate. Move your case forward.
Keep proof of your income (and any change), keep records of payments, and do not ignore court notices. If you’re unemployed, ask about job resources—Probation can even refer parents to employment assistance programs like the Judiciary’s JOBS program.
If you’re in Bergen County and you’re dealing with an enforcement notice, arrears that won’t go away, or real risk to your license or passport, our office can help you understand your options and put a plan in place. To reach Sammarro & Zalarick, P.A., call (973) 478-1026 or use our website contact form to request a consultation.
Note: This post is general information, not legal advice for your specific case. If you’re behind (or you can see it coming), acting early is almost always cheaper—and less painful—than trying to clean it up later.