Employer Enforcement

Introduction

If an employer is not complying with an order to withhold income, various legal actions may be taken to encourage compliance. A simple telephone call often will lead to resolution of the problem. The employer enforcement remedy is a court action against an employer that has not been complying with an income withholding. Employer enforcement may involve just one NCPNon-custodial parent or many NCPs across different cases.

Process

Employers must be served with a Notice to Employer of Non-Compliance with Income Execution, which requires the employer to provide the court with the reason for noncompliance (refer to Income Withholding). This notice is generated when there is a verified employer and no payments within 45 days. The PCSE Unit can request the Notice to Employer of Non-Compliance with Income Execution form. If the employer continues to fail to comply with the income execution, the PCSE Unit may file an Order to Show Cause against the employeremployerRule 1:10-3. The Order to Show Cause requires that the employer appear before a Superior Court Judge, Family Division, to explain the failure to comply with the support ordersupport orderRule 5:7-5(d).

NJCSI Handout Materials

For NJKiDS instructions on Employer Enforcement, click the link below:

Employer Enforcement

Related Information

Rule 1:10-3
Rule 5:7-5(d)