Child support enforcement through suspension or revocation of driver's license and professional or occupational licenses:

If your court order provides for the payment of child support and there is an arrearage equal or exceeding the amount of child support payable for six months or, court ordered health insurance is not provided for six months, or a child support warrant exists, you can:

1. Contact your lawyer or the Probation Department through which child support is to be paid and request they give notice of intention to seek suspension or revocation of the payor's driver's license, professional and occupational licenses.
2. They must certify that all appropriate enforcement methods to collect the child support arrearage have been exhausted.
3. The obligor is then given 30 days notice from the postmark date of the notice to pay the full amount of child support arrearage, or provide proof of health insurance coverage for the child or make written request for a court hearing to the Probation Department.
4. If payment is made in full or proof of insurance is provided or the obligor surrenders to the sheriff and a child support related warrant exists, the revocation/suspension process shall be terminated.
5. If the obligor fails to take the above action within 30 days and there is proof that notice was served on the obligor by mail, then an order will be entered suspending or revoking any or all licenses held by the obligor.
6. If the obligor refuses to accept the certified mail notice, but the regular mail is not returned, service will be effective.
7. If a hearing is requested it will be scheduled within 45 days. Compliance within that period will terminate the revocation/suspension process.
8. Factors the court will consider on behalf of the payor include:
• Lack of notice (as defined by statute)
• Wrong identity
• Error in calculation of arrears.
• Other equitable reasons for non-compliance such as involuntary unemployment, disability or compliance with court ordered payment plan.
• Hardship (requires 25% partial payment within 3 days and payment plan to pay entire balance within one year)
• Suspension/revocation of driver's license before suspension/revocation of other licenses
9. Reinstatement requires Probation Department certification of full payment.
10. Child support payments not presently paid through the Probation Department under existing orders or final judgments of divorce shall be made payable through the Probation Department upon application of the payee.
11. If a motion for modification of child support is pending, no suspension/revocation process shall be initiated.
12. There is no provision to deter the process if a motion for modification of child support filed after the suspension/revocation notice was sent.
13. This applies to all child support obligations entered in the United States that are being enforced by the Probation Department, that are payable directly to the obligee or have been registered in this State.
    
    You may contact the State of New Jersey Legislative Services office for a copy of the new legislation at no cost. Source Legislation: Senate Bill 355 Approved and effective: 3-15-96 Available free to New Jersey Tax payers by calling 609-292-4840 or 800-792-8630