Initiating Enforcement

In this Topic

  1. Introduction
  2. Ways to Enforce Court Orders
  3. Methods Used to Initiate Enforcement Remedies
  4. Related Information

Introduction

The Family Division must enter a support order within five business days after the Judge’s signature, which shall be no later than eight business days after entry of the order date or the hearing date. The PCSEProbation Child Support Enforcement Unit should match the order and the paperwork (which may include the Confidential Litigant Information SheetConfidential Litigant Information SheetNew Jersey Court Rules, Rule 5:4-2(g); Rule 5:7-4(b); and Appendix XXIV,  the IV-D application, and a Child Support Guidelines worksheet) received from the Family Division. Opening letters (Probation Account Opening Letter to Client and Payment Instructions to Absent Parent) are sent to each party. The letters contain instructions for making payments and contact information.

A party and/or a PCSE Unit may file a motion for Relief to Litigants Rights in accordance with the court rules for enforcement of a support order because of non-compliance:

  • (1) when the NCP has an accumulation of support arrears equal to or in excess of the support payable for 14 days, or
  • (2) if the NCP has failed to provide health-care coverage as ordered. Once delinquency is confirmed, enforcement begins.

Ways to Enforce Court Orders

There are two ways to enforce court orders:   

  • Administrative remedies not requiring a court order
  • Judicial remedies requiring a court order

Methods Used to Initiate Enforcement Remedies

There are three methods used to initiate enforcement remedies:

  • An automated Notice of Delinquency will be generated by NJKiDS.
  • Semiautomated:  Once a PCSE Unit becomes aware of a delinquency, either by monitoring the system or through contact with the CP, a Notice of Delinquency form may be generated at any time. The PCSE Unit should also generate an Inquiry to Postmaster form and/or a Letter Requesting Current Employment Status.
  • The PCSE Unit can contact the NCP by letter or telephone. At times, personal contact may be more effective than letters. The PCSE Unit may want to use discretion and inquire if the NCP is having a problem. The PCSE Unit may also offer referrals to job-staffing agencies or the Superior Court of New Jersey, Chancery Division, Family Part, to file a motion for relief.
  • New Jersey Court Rules, Rule 5:4-2(g); Rule 5:7-4(b); and Appendix XXIV

 

Institute for Families, School of Social Work  Rutgers, the State University of New Jersey - Child Support Program Manual 2020 Release