Family Matters

Benefits of Support Paid Through the Probation Department

You reach an agreement with the other parent that they will provide child support to you for the benefit of the child.  The question then arises – how will I receive the child support? 

How will I receive the child support? 

In the State of New Jersey, parties can agree for child support to be paid directly between the parties through electronic means such as Venmo, PayPal, or direct deposits into the individual’s bank account.  Parties can also agree upon the frequency of the child support payments in a manner that works best for both parties.  For example, parties can agree the payor will provide child support bi-weekly consistent with the payor’s pay schedule with their employer.   

What if you have concerns that the other parent will fail to make timely child support payments or simply not pay at all? 

In the State of New Jersey, a party can request child support be paid through the Probation Department.  Each county in the State of New Jersey has a Probation Department that manages the collection and disbursement of support payments.  The Probation Department can collect support payments by issuing income withholding notices to the payor’s employer, which will result in the child support be deducting directly from the payor’s wages.  This eliminates the need for the payee to chase after the payor to receive the required child support payment.  The Probation Department will also keep an accounting of any child support payments that are made which can be accessed by creating an account through njchildsupport.org. 

The Probation Department can also assist in the event a payor continues to shirk their financial obligations. 

For example, say the payor is self-employed and is required to make payments directly to the Probation Department since they do not receive a formal paycheck each week.  The payor fails to make any child support payments for weeks, resulting in an overdue child support balance that is referred to as “child support arrears”.  The Probation Department has authority under relevant New Jersey statute to enforce any child support obligations being paid through the department.  Specifically, the Probation Department can initiate its own Enforcement Hearing where the payor would be required to appear before a Family Court judge who can order the payor to make payment toward the past due child support arrears.  The Probation Department can also garnish a payor’s tax refund to be applied toward child support arrears and can implement sanctions against a payor for repeated failure to pay by barring their ability to apply for a passport or renew their driver’s license.  The Probation Department’s ability to take action to collect on child support arrears can sometimes save a payee from filing an enforcement application with the Court.

If you believe you may benefit from having a child support obligation paid through the Probation Department or have further questions regarding enforcement of a child support obligation, please contact our office today to schedule a complimentary consultation. 

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.