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When parents get divorced, there’s a strong chance that one spouse has a higher income than the other spouse. Additionally, most divorces end with a somewhat lopsided custody agreement, wherein the child will likely spend more time with one parent than the other. Since courts in New Jersey believe that each parent needs to contribute to the upbringing of a child in some form, typically, the noncustodial parent will have to make regular child support payments. Typically, these agreements are followed, as both parents want the best for their child. Unfortunately, there are times when one spouse will refuse to make regular payments. As you can imagine, this sometimes puts families in precarious situations, as they depend on these payments to retain their standard of living. Please continue reading and reach out to an experienced Bergen County child support attorney from McNerney & McAuliffe today to learn more about how we can help if your ex is refusing to abide by your support agreement.

What should I do if my ex is refusing to make regular child support payments, in accordance with our agreement?

If you’re like most people, if you can resolve the issue of nonpayment of support outside of a courtroom setting, you likely would prefer to do so. For this reason, if you’re on speaking terms with your ex, a good first option might be to simply speak with your ex, ask why he or she isn’t making payments, and attempt to remedy the issue that way. That said, if you’re not on speaking terms or your ex simply doesn’t want to hear it and outright refuses to make regular support payments, then it may be time to look at your legal options. Our firm can help you do so.

Typically, when a parent refuses to make regular support payments as outlined in their divorce decree, a family law attorney can take your case to court and work to have your child support agreement enforced. Just some of the actions courts may take to enforce a support agreement can include a seizure of your ex’s assets, income withholding/wage garnishment, a tax refund offset (so their tax refunds go to unpaid child support), a driver’s license suspension, passport denial, or even an arrest warrant being issued against them. Though you likely don’t want to see your ex punished anyway, it’s extremely important that you have the funds you need to raise your child. Our legal team will do everything in our power to protect you and your child’s best interests.


If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, contact McNerney & McAuliffe today.

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