You are the parent receiving support and the docket number of your case begins with “FD”. In order to enforce a child support order in an FD case, follow the directions outlined below. You may print out a copy of these directions to take with you.
- Call the probation department of your county to report the problem and ask probation to file a motion to enforce the child support order. Visit the New Jersey Child Support Web site (see link below) for a list of addresses of probation departments where child support orders are enforced.
- If you have already tried to contact probation and were not successful, go to the county courthouse where you got your original child support order and file a motion to enforce the order on your own.
In order to enforce a child support order on your own in an FD case, follow the steps below:
- Go to the family intake office of the County courthouse in the county where you got your original child support order. For list of courthouse addresses where you go to file application to enforce child support order, visit the New Jersey Child Support Web site (see link below).
- At the family intake office ask for the forms used to enforce a child support order in a FD case. A staff member will give you the correct document(s).
NOTE – if you are incarcerated and cannot physically get to the courthouse you are permitted to use the post-judgment motion papers found at the New Jersey Judiciary Web site (link to "How to Ask the Court to Change or Enforce an Order in Your Case" below.)However, all other persons must use the shorter form(s) provided at the courthouse.
- You will need to put in the forms the reasons why you believe the court order should be enforced. Some examples of reasons for enforcement are:
- You have not received any child support since the last court order.
- You have received only partial child support payments since the last court order.
- You are receiving the child support payments late every month.
- You are only receiving sporadic child support payments every month.
- The parent paying support is ordered to provide medical insurance for the child(ren) and is not providing that insurance.
- You should also attach any documents which support your reasons for your request.
Procedure for Filing Papers and Appearing in Court
- Make two copies of your papers and file them with the clerk at the family intake office. Make sure that you get a copy back. The clerk will then serve the other parent by sending him or her a copy of your papers.
- A few weeks later you will receive a notice of a hearing and a date and time to appear at the courthouse.
- On the date of your hearing you will probably appear before a hearing officer.
- Both you and the other parent should be given a chance to tell your side of the issue to the hearing officer. You should also give to the hearing officer any documents that demonstrate the change in circumstances that you are claiming. The hearing officer will then make a decision and record that decision in a new court order.
- The hearing officer then gives the court order to a judge for review. The judge reviews the order and if it is proper, signs it.
- You should get a copy of the signed order and take it with you before your leave the courthouse.
The hearing officer will make sure that a member of the court staff sends a copy of the new order to the probation department so they can be aware of any changes in the way the arrears (overdue child support) is to be collected.
- If you disagree with the hearing officer’s decision or have a problem with the way he or she conducted the hearing then you should ask for a hearing before a judge.
The hearing before the judge is supposed to take place as soon as possible after the date of the hearing before the hearing officer. Sometimes the judge will hear your case on the same day.
- The judge will hear from both you and the other parent and will then make a decision and record that decision in a court order.
- After the judge signs the order you must get a copy of the signed order. The judge will make sure that a member of the court staff sends a copy of the new order to the probation department so they can be aware of any changes in the way the arrears (overdue child support) is to be collected.
For further information about the consequences to the other parent of not paying child support and to see what types of collection methods may be used to collect child support, visit the New Jersey Child Support Web site (see link below).