Did Your Ex Move Out of New Jersey and Stop Paying the Alimony and/or Child Support That Was Ordered by a New Jersey Family Court? You Can Still Get It.
In today’s mobile society, it is not an uncommon occurrence for someone who is subject to a New Jersey child support and/or alimony order to move out of New Jersey.
When that happens, the support payments will often stop—even if the obligor is not trying to avoid paying—because he or she changes jobs and the previous wage garnishment is no longer in effect.
Of course, we have all hear of instances in which the obligor’s major motive in moving out of New Jersey was to try to avoid paying support.
Interstate enforcement of support is a somewhat complicated area of New Jersey Family Law. However, if you have the help of a lawyer who devotes his/her entire practice to New Jersey Family Law and has dealt with those types of cases, you can get the New Jersey support order enforced in the State where the obligor now lives.
The Uniform Interstate Family Support Act (“UIFSA”), which was adopted in New Jersey as N.J.S.A 2A:4-30.65 through 2A:4-30.123, provides that a New Jersey child support order can be enforced even if the obligor now lives out of State.
UIFSA requires employers to comply with the incoming child support withholding orders of other States. In most States, you simply need to send the child support Order to the obligor’s employer, which must immediately begin income withholding and sending the child support to Probation (if it had previously been paid there) or directly to the custodial parent.
You can also collect alimony which was ordered by a New Jersey Family Court, but in order to do so you first have to have the New Jersey alimony order properly registered in the State where the obligor now lives.