The health and wellness of children in New Jersey are typically dependent on the financial support of their parents. This is part of the reason why, in the event of a divorce or a break-up, many parents are ordered to pay child support. However, in many cases parents fail to pay court-ordered child support, leaving children and custodial parents in difficult positions.

While it is unclear exactly how many parents in this country are not meeting their child support obligations, the federal Office of Child Support Enforcement reported that $108 billion in back child support was outstanding in 2009.

When a parent fails to pay child support, he or she may face serious consequences, including wage garnishment, a suspended professional license or driver’s license, revoked tax refunds and even jail time.

These enforcement efforts, however, are not automatic, and those who try to enforce child support orders often face great difficulty.

In order to obtain child support, it can be important for a parent to learn why the ex is failing to pay. Is it because he or she really cannot afford it or because the order is unfair? Or, is the person not paying for selfish reasons?

If an ex cannot afford the child support, it is wise to work together amicably, when possible, to come up with a plan that the ex can afford. It is possible to seek a legal child support modification if the income of either parent has changed substantially.

If an ex is refusing to pay for no good reason, it might be time to file a motion for enforcement.

In any event, it is important not to tie child support issues to child custody or visitation. Often, a custodial parent might want to punish an ex for being late on child support by refusing to allow the ex to see the child. Children should not be used as leverage, and it is wise to always keep a child’s best interests ahead of one’s emotions and other motivations.

Source: Daily Finance, “What to Do When Your Ex Won’t (or Can’t) Pay Child Support,” Geoff Williams,  Nov. 21, 2013