Child support obligations do not end when a parent moves out of state. If a non-custodial parent relocates, the custodial parent may wonder whether child support can still be enforced. Fortunately, under federal and state laws, New Jersey has strong mechanisms in place to enforce child support across state lines.
If you are dealing with unpaid child support and the paying parent now resides in another state, here is what you need to know about enforcing child support across state lines in New Jersey.
1. How Does New Jersey Enforce Child Support Across State Lines?
Child support enforcement is governed by the Uniform Interstate Family Support Act (UIFSA), which ensures that child support orders remain valid and enforceable, even if the non-custodial parent moves to another state.
A. Uniform Interstate Family Support Act (UIFSA)
- All 50 states, Washington D.C., and U.S. territories have adopted UIFSA.
- Prevents parents from avoiding child support by moving to another state.
- Ensures that only one state has jurisdiction over the child support order, preventing conflicting rulings.
- Allows for interstate enforcement and collection through state agencies.
B. New Jersey’s Child Support Enforcement Office
- The New Jersey Child Support Program (NJKiDS) works with other states to locate non-custodial parents, collect payments, and enforce orders.
- If the non-custodial parent moves, New Jersey can request assistance from the child support enforcement agency in the new state.
2. Methods of Enforcing Child Support Across State Lines
If the paying parent moves out of New Jersey and fails to pay child support, several enforcement tools can be used:
A. Income Withholding Orders (Wage Garnishment)
- New Jersey can issue an income withholding order to the paying parent’s employer in another state.
- The employer is required by federal law to deduct child support from the non-custodial parent’s paycheck and send it to the New Jersey Child Support Program.
B. Tax Refund Interception
- If the parent owes back child support, the IRS and state tax agencies can intercept:
- Federal and state income tax refunds
- Lottery winnings
- Other state payments (e.g., unemployment benefits)
C. Suspension of Driver’s License and Professional Licenses
- New Jersey and other states can suspend or revoke driver’s licenses and professional licenses (e.g., medical, law, real estate) if the parent falls behind on payments.
D. Passport Denial and Suspension
- Under federal law, if the non-custodial parent owes more than $2,500 in child support, their U.S. passport can be denied or revoked.
- This prevents international travel until the child support debt is paid.
E. Contempt of Court and Jail Time
- If the parent intentionally avoids paying, they can be held in contempt of court.
- Courts may issue arrest warrants, fines, or even jail time for failure to pay.
3. Can a Child Support Order Be Modified If the Parent Moves?
A. Which State Has Jurisdiction?
- Under UIFSA, the state that issued the original child support order retains jurisdiction, unless both parents agree to move it to another state.
- If a parent moves and wants to modify child support, they must file a request in the original state (New Jersey) unless the custodial parent also moves to a new state.
B. Requesting a Modification
- A parent can request a modification if there is a significant change in financial circumstances, such as:
- Job loss or major income reduction.
- Increase in the child’s financial needs (medical expenses, schooling).
- The custodial parent moves, and the child’s living expenses change.
4. What If the Non-Custodial Parent Moves Overseas?
If the parent moves outside the U.S., enforcement becomes more complex, but it is still possible through:
- Reciprocal Agreements with Other Countries – The U.S. has child support enforcement agreements with countries such as:
- Canada
- United Kingdom
- Australia
- Germany
- Several others
- Foreign Wage Garnishment – If the non-custodial parent works for a U.S.-based employer abroad, New Jersey can still enforce wage garnishment.
- Legal Action in the Foreign Country – In some cases, a local attorney may need to pursue enforcement under that country’s laws.
5. How Can a Family Law Attorney Help?
If you are struggling to enforce a child support order across state lines, an experienced New Jersey family law attorney can:
✔ Work with child support enforcement agencies in other states.
✔ File wage garnishments, tax liens, and license suspensions to force compliance.
✔ Petition the court for contempt actions against non-paying parents.
✔ Assist with international enforcement in applicable cases.
At Ziegler Law Group, LLC, we have extensive experience handling complex interstate child support enforcement cases. Whether the non-custodial parent has moved to another state or abroad, we can help ensure that your child receives the financial support deserved.
