Rule 5:7-5. Failure to Pay; Enforcement by the Court or a Party; Suspension and
Revocation of Licenses for Failure to Support Dependents; Execution of Assets for
Child Support; Child Support Judgments and Post-Judgment Interest
(a) Application for Relief in Aid of Litigant's Rights. If a person fails to make
payments or provide health insurance coverage as directed by an order or judgment, the
Probation Division responsible for monitoring and enforcing compliance shall notify such
person by mail that such failure may result in the institution of Relief to Litigant
proceedings in accordance with R. 1:10-3 and R. 5:3-7(b). Upon the accumulation of a
support arrearage equal to or in excess of the amount of support payable for 14 days or
failure to provide health insurance coverage as ordered, the Probation Division shall file a
verified statement setting forth the facts establishing disobedience of the order or
judgment. The Probation Division may then, on the litigant's behalf, apply to the court for
relief in accordance with R. 1:10-3 and R. 5:3-7(b). Actions for relief under this rule shall be
brought in the county in which the support case is being enforced, unless another county is
designated by court order. If the application for relief is made on behalf of a party by the
Probation Division, filing fees shall be waived. If the application for relief is made by or on
behalf of the obligee, other than by the Probation Division, and the applicant states under
oath in the application that he or she is indigent and unable to pay the required filing fees,
the court, if satisfied of the fact of indigency, may waive the payment of such fees. In the
discretion of the court, filing fees subsequently may be assessed against the adverse party
if it is determined that he or she has not complied with the order or judgment being
enforced. For past-due alimony or child support payments that have not been docketed as
a civil money judgment with the Clerk of the Superior Court, the court may, on its own
motion or on motion by the party bringing the enforcement action, assess costs against the
adverse party at the rate prescribed by R. 4:42-11(a). For past-due child support payments
that have been docketed as a civil money judgment, see paragraph d of this Rule.
(b) Suspension and Revocation of Licenses for Failure to Support
Dependents.
(1) Driver's License, Recreational Activity License, Professional License.
Pursuant to N.J.S.A. 2A:17-56.41, a child support obligor's driver's license shall be
suspended by operation of law upon the issuance of a child support-related warrant.
Pursuant to N.J.S.A. 2A:17-56.41 to 56.52, an obligor's licenses to drive, participate in
recreational activities, or to practice licensed occupations may be denied, suspended, or
revoked after notice and a hearing if:
(A) child support arrears equal or exceed the amount payable for six months;
or
(B) court-ordered health care coverage for a child is not provided for six
months; or
(C) the obligor fails to respond to a subpoena relating to a paternity or child
support action; or
(D) a warrant for the obligor's arrest has been issued by the court due to the:
(i) failure to pay child support as ordered,
(ii) failure to appear at a hearing to establish paternity or child support, or
(iii) failure to appear at a child support hearing to enforce a child support
order.
(2) License to Practice Law. A license to practice law may be suspended
under the same statutory standards as other occupational licenses. If the obligor is an
attorney licensed to practice law in New Jersey, the order shall notify the Supreme Court to
suspend the obligor's license to practice law.
(3) Transmittal of Order Suspending or Revoking License. The Probation
Division shall immediately forward a copy of the order denying, suspending, or revoking an
obligor's license to the obligor and the appropriate licensing authorities. If the order notifies
the Supreme Court to suspend the obligor's license to practice law in New Jersey, the
Probation Division shall also forward a copy of the order to the Clerk of the Supreme Court
and Office of Attorney Ethics, and the suspension shall be governed by R. 1:20-11A.
(4) Term of Suspension/Restoration of License. A court order denying,
suspending, or revoking an obligor's license shall remain in effect until the obligor files with
the licensing authority either a court order restoring the license or a Probation Division
certification attesting to the full satisfaction of the child support arrearage. Within three
working days of the full payment of the child support arrearage, the Probation Division
shall provide the court with a certification stating that the obligor has satisfied the past-due
child support amount. Upon receipt of the certification, the court shall issue an order
restoring the obligor's licenses. The Probation Division shall immediately forward the
restoration order or certification to the obligor. The obligor is responsible for filing the court
order or Probation certification with the licensing authority. If a license to practice law in
New Jersey was suspended by the Supreme Court pursuant to R. 1:20-11A, the attorney
shall forward the Chancery Division, Family Part order that recommends the restoration of
the license to the Clerk of the Supreme Court and a copy of the order to the Director of the
Office of Attorney Ethics. The reinstatement of a license to practice law in New Jersey
shall be governed by R. 1:20-11A. When the court issues an order to vacate a child
support-related warrant or local law enforcement authorities execute the warrant, the
Probation Division shall send a certification or the court's order to the obligor and to the
Motor Vehicle Commission indicating that the child support-related warrant is no longer
effective. The Motor Vehicle Commission, upon receipt of the order or certification, may
reinstate the obligor's driving privileges, provided that the obligor pays the Division's
restoration fee.
(c) Execution on Assets to Collect Alimony and Child Support. If an order is
issued pursuant to R. 4:59-1(c) authorizing the Probation Division to execute on cash or
cash-equivalent assets as defined therein to collect alimony and child support judgments
payable through the Probation Division, the Probation Division may assist judgment
creditors by preparing the writ of execution, serving the writ on the holder of the debtor's
asset by registered or certified mail, and scheduling the matter before the court to obtain
an order to turn over funds. Service of the writ shall freeze the asset for the amount of the
judgment, but no turnover of funds shall be made or required to be made until ordered by
the court. The writ of execution shall be signed by the judgment creditor or the attorney
for the judgment creditor and may, subject to the limitations of this rule, be issued by the
Vicinage Chief Probation Officer acting as deputy clerk of the Superior Court pursuant to
R. 4:59-1(c). The Probation Division shall mail a notice to the debtor as required by R.
4:59-1(h) immediately after the writ has been served on the holder of the asset. The
Probation Division shall send a copy of all writs of execution issued pursuant to R. 4:59-
1(c) to the Family Division Case Management Office. No costs or fees shall be assessed
by the Probation Division for aiding in the execution of a judgment for alimony or child
support. With respect to assets other than cash or cash-equivalents as defined in R.
4:59-1(c), the Probation Division may assist the judgment creditor in preparing the writ of
execution and such other forms relating to the execution as may be required, and in
referring the judgment creditor to the sheriff of the county where the asset is located.
(d) Child Support Judgments and Post-Judgment Interest. In accordance with
N.J.S.A. 2A:17-56.23a, past-due child support payments are a judgment by operation of
law on or after the date due and are subject to post-judgment interest at the rates
prescribed in Rule 4:42-11 at the time of satisfaction or execution. Past-due child support
payable through the Probation Division shall be automatically docketed as civil judgments
with the Clerk of the Superior Court on the first day of the month following the date the
payment was due. The Probation Division may, with the authorization of a child support
judgment creditor, assist that party in calculating post-judgment interest in accordance with
Rule 4:42-11 at the time an offer of satisfaction is tendered or an execution of assets is
initiated. For child support that is not payable through the Probation Division, the obligee
shall file a motion with the court asking that the amount of past-due child support be fixed
and that a judgment be entered for that amount. The obligee shall be responsible for filing
the judgment with the Clerk of the Superior Court. Alternatively, the obligee may procure a
judgment by filing an application with the Probation Division requesting that past-due and
future child support payments be made through that office in accordance with Rule 5:7-
4(b).
Note: Source - R. (1969) 4:79-9(b)(1), (2) (3). Adopted December 20, 1983 to be effective December 31, 1983; paragraph (b) amended November 7, 1988 to be effective January 2, 1989; paragraph (a) amended July 14, 1992 to be effective September 1, 1992; paragraph (a) amended July 13, 1994, to be effective August 1, 1994; paragraphs (b), (c) and (d) amended July 13, 1994 to be effective September 1, 1994; caption amended, paragraph (e) adopted March 15, 1996, to be effective immediately; caption amended, paragraphs (a) and (d) amended, and paragraphs (f) and (g) adopted June 28, 1996, to be effective immediately; paragraphs (b), (c), and (e) amended May 25, 1999 to be effective July 1, 1999; paragraph (a) caption and text, and paragraphs (e)(1), (e)(3), and (e)(7) amended June 15, 2007 to be effective September 1, 2007; paragraph (f) amended July 19, 2012 to be effective September 4, 2012; caption amended, paragraph (a) amended, new paragraph (b) adopted, former paragraphs (b), (c) and (d) deleted and redesignated as paragraphs (a), (b) and (c) in new R. 5:7-4A, paragraph (e) deleted, former subparagraph (e)(5) amended and redesignated as new subparagraph (b)(3), former subparagraph (e)(7) redesignated as new subparagraph (b)(4), former paragraph (f) redesignated as paragraph (c), and former paragraph (g) redesignated as paragraph (d) July 27, 2015 to be effective September 1, 2015.
Revocation of Licenses for Failure to Support Dependents; Execution of Assets for
Child Support; Child Support Judgments and Post-Judgment Interest
(a) Application for Relief in Aid of Litigant's Rights. If a person fails to make
payments or provide health insurance coverage as directed by an order or judgment, the
Probation Division responsible for monitoring and enforcing compliance shall notify such
person by mail that such failure may result in the institution of Relief to Litigant
proceedings in accordance with R. 1:10-3 and R. 5:3-7(b). Upon the accumulation of a
support arrearage equal to or in excess of the amount of support payable for 14 days or
failure to provide health insurance coverage as ordered, the Probation Division shall file a
verified statement setting forth the facts establishing disobedience of the order or
judgment. The Probation Division may then, on the litigant's behalf, apply to the court for
relief in accordance with R. 1:10-3 and R. 5:3-7(b). Actions for relief under this rule shall be
brought in the county in which the support case is being enforced, unless another county is
designated by court order. If the application for relief is made on behalf of a party by the
Probation Division, filing fees shall be waived. If the application for relief is made by or on
behalf of the obligee, other than by the Probation Division, and the applicant states under
oath in the application that he or she is indigent and unable to pay the required filing fees,
the court, if satisfied of the fact of indigency, may waive the payment of such fees. In the
discretion of the court, filing fees subsequently may be assessed against the adverse party
if it is determined that he or she has not complied with the order or judgment being
enforced. For past-due alimony or child support payments that have not been docketed as
a civil money judgment with the Clerk of the Superior Court, the court may, on its own
motion or on motion by the party bringing the enforcement action, assess costs against the
adverse party at the rate prescribed by R. 4:42-11(a). For past-due child support payments
that have been docketed as a civil money judgment, see paragraph d of this Rule.
(b) Suspension and Revocation of Licenses for Failure to Support
Dependents.
(1) Driver's License, Recreational Activity License, Professional License.
Pursuant to N.J.S.A. 2A:17-56.41, a child support obligor's driver's license shall be
suspended by operation of law upon the issuance of a child support-related warrant.
Pursuant to N.J.S.A. 2A:17-56.41 to 56.52, an obligor's licenses to drive, participate in
recreational activities, or to practice licensed occupations may be denied, suspended, or
revoked after notice and a hearing if:
(A) child support arrears equal or exceed the amount payable for six months;
or
(B) court-ordered health care coverage for a child is not provided for six
months; or
(C) the obligor fails to respond to a subpoena relating to a paternity or child
support action; or
(D) a warrant for the obligor's arrest has been issued by the court due to the:
(i) failure to pay child support as ordered,
(ii) failure to appear at a hearing to establish paternity or child support, or
(iii) failure to appear at a child support hearing to enforce a child support
order.
(2) License to Practice Law. A license to practice law may be suspended
under the same statutory standards as other occupational licenses. If the obligor is an
attorney licensed to practice law in New Jersey, the order shall notify the Supreme Court to
suspend the obligor's license to practice law.
(3) Transmittal of Order Suspending or Revoking License. The Probation
Division shall immediately forward a copy of the order denying, suspending, or revoking an
obligor's license to the obligor and the appropriate licensing authorities. If the order notifies
the Supreme Court to suspend the obligor's license to practice law in New Jersey, the
Probation Division shall also forward a copy of the order to the Clerk of the Supreme Court
and Office of Attorney Ethics, and the suspension shall be governed by R. 1:20-11A.
(4) Term of Suspension/Restoration of License. A court order denying,
suspending, or revoking an obligor's license shall remain in effect until the obligor files with
the licensing authority either a court order restoring the license or a Probation Division
certification attesting to the full satisfaction of the child support arrearage. Within three
working days of the full payment of the child support arrearage, the Probation Division
shall provide the court with a certification stating that the obligor has satisfied the past-due
child support amount. Upon receipt of the certification, the court shall issue an order
restoring the obligor's licenses. The Probation Division shall immediately forward the
restoration order or certification to the obligor. The obligor is responsible for filing the court
order or Probation certification with the licensing authority. If a license to practice law in
New Jersey was suspended by the Supreme Court pursuant to R. 1:20-11A, the attorney
shall forward the Chancery Division, Family Part order that recommends the restoration of
the license to the Clerk of the Supreme Court and a copy of the order to the Director of the
Office of Attorney Ethics. The reinstatement of a license to practice law in New Jersey
shall be governed by R. 1:20-11A. When the court issues an order to vacate a child
support-related warrant or local law enforcement authorities execute the warrant, the
Probation Division shall send a certification or the court's order to the obligor and to the
Motor Vehicle Commission indicating that the child support-related warrant is no longer
effective. The Motor Vehicle Commission, upon receipt of the order or certification, may
reinstate the obligor's driving privileges, provided that the obligor pays the Division's
restoration fee.
(c) Execution on Assets to Collect Alimony and Child Support. If an order is
issued pursuant to R. 4:59-1(c) authorizing the Probation Division to execute on cash or
cash-equivalent assets as defined therein to collect alimony and child support judgments
payable through the Probation Division, the Probation Division may assist judgment
creditors by preparing the writ of execution, serving the writ on the holder of the debtor's
asset by registered or certified mail, and scheduling the matter before the court to obtain
an order to turn over funds. Service of the writ shall freeze the asset for the amount of the
judgment, but no turnover of funds shall be made or required to be made until ordered by
the court. The writ of execution shall be signed by the judgment creditor or the attorney
for the judgment creditor and may, subject to the limitations of this rule, be issued by the
Vicinage Chief Probation Officer acting as deputy clerk of the Superior Court pursuant to
R. 4:59-1(c). The Probation Division shall mail a notice to the debtor as required by R.
4:59-1(h) immediately after the writ has been served on the holder of the asset. The
Probation Division shall send a copy of all writs of execution issued pursuant to R. 4:59-
1(c) to the Family Division Case Management Office. No costs or fees shall be assessed
by the Probation Division for aiding in the execution of a judgment for alimony or child
support. With respect to assets other than cash or cash-equivalents as defined in R.
4:59-1(c), the Probation Division may assist the judgment creditor in preparing the writ of
execution and such other forms relating to the execution as may be required, and in
referring the judgment creditor to the sheriff of the county where the asset is located.
(d) Child Support Judgments and Post-Judgment Interest. In accordance with
N.J.S.A. 2A:17-56.23a, past-due child support payments are a judgment by operation of
law on or after the date due and are subject to post-judgment interest at the rates
prescribed in Rule 4:42-11 at the time of satisfaction or execution. Past-due child support
payable through the Probation Division shall be automatically docketed as civil judgments
with the Clerk of the Superior Court on the first day of the month following the date the
payment was due. The Probation Division may, with the authorization of a child support
judgment creditor, assist that party in calculating post-judgment interest in accordance with
Rule 4:42-11 at the time an offer of satisfaction is tendered or an execution of assets is
initiated. For child support that is not payable through the Probation Division, the obligee
shall file a motion with the court asking that the amount of past-due child support be fixed
and that a judgment be entered for that amount. The obligee shall be responsible for filing
the judgment with the Clerk of the Superior Court. Alternatively, the obligee may procure a
judgment by filing an application with the Probation Division requesting that past-due and
future child support payments be made through that office in accordance with Rule 5:7-
4(b).
Note: Source - R. (1969) 4:79-9(b)(1), (2) (3). Adopted December 20, 1983 to be effective December 31, 1983; paragraph (b) amended November 7, 1988 to be effective January 2, 1989; paragraph (a) amended July 14, 1992 to be effective September 1, 1992; paragraph (a) amended July 13, 1994, to be effective August 1, 1994; paragraphs (b), (c) and (d) amended July 13, 1994 to be effective September 1, 1994; caption amended, paragraph (e) adopted March 15, 1996, to be effective immediately; caption amended, paragraphs (a) and (d) amended, and paragraphs (f) and (g) adopted June 28, 1996, to be effective immediately; paragraphs (b), (c), and (e) amended May 25, 1999 to be effective July 1, 1999; paragraph (a) caption and text, and paragraphs (e)(1), (e)(3), and (e)(7) amended June 15, 2007 to be effective September 1, 2007; paragraph (f) amended July 19, 2012 to be effective September 4, 2012; caption amended, paragraph (a) amended, new paragraph (b) adopted, former paragraphs (b), (c) and (d) deleted and redesignated as paragraphs (a), (b) and (c) in new R. 5:7-4A, paragraph (e) deleted, former subparagraph (e)(5) amended and redesignated as new subparagraph (b)(3), former subparagraph (e)(7) redesignated as new subparagraph (b)(4), former paragraph (f) redesignated as paragraph (c), and former paragraph (g) redesignated as paragraph (d) July 27, 2015 to be effective September 1, 2015.
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