family-law divorce children new-jersey
What remedies are available for failure to pay the orderd amount of child support in NJ
<p>In my divorce decree which was in Texas, I was ordered to pay child support, which I paid. In the decree right above the judge's signature was a notice in bold letters that stated that failure to pay child support can bring a jail term of up to 6 months and a fine.</p>

<p>In a friends ongoing divorce in New Jersey, her husband was ordered to pay child support of xxx per month. However he is paying about half of the amount.</p>

<p>When my friend asked her attorney if they could enforce him to pay the entire amount, including arrears of nearly 4 grand, they told her that they couldn't enforce him to pay by threatening jail as long as he's "paying something."</p>

<p>This doesn't make sense to me, as I am fairly certain that penalties of contempt of court exist in New Jersey as well as probably every other state in the US.</p>

<p>What legal remedies are available for failure to pay the entire amount due for child support? Especially when arrears have accumulated that are above 4 thousand dollars? Or is her attorney correct?</p>

<p>Generally speaking, contempt of court focuses on the person's <em>deliberate</em> noncompliance with the terms of the court order. If your friend files a <em>motion to show cause</em>, she would need to prove that the parent has not fully complied with the order <em>despite his ability to do so</em>. Or perhaps the burden of proof is on the non-compliant parent, depending on how that works in family/divorce matters.</p>

<blockquote>
  <p>they told her that they couldn't enforce him to pay by threatening
  jail as long as he's "paying something."</p>
</blockquote>

<p>That is accurate under reasonable circumstances. For instance, a parent with a good income would not (or should not) be allowed to elude a finding of contempt merely by paying $1/month. The issue boils down to the extent to which the parent is able to comply with the terms of the order.</p>
