New Jersey’s Support Order Laws for Willful Nonsupport: An Overview for Family Lawyers

New Jersey statute 2C:62-1 allows courts to issue support orders and impose consequences for willful nonsupport of a spouse, partner, child, or other dependent. This law provides family lawyers an important tool to secure financial support for clients—but it also requires understanding the law’s nuances and limitations. In this article, we’ll provide an overview of 2C:62-1, key considerations for lawyers, and practice tips.

The Basics of 2C:62-1

In plain language, 2C:62-1 allows a court to order financial support if someone is not meeting their lawful support obligations. This can apply whether support is owed under a divorce decree, domestic partnership agreement, child support order, or by law (e.g. for a dependent spouse). The law has two main components:

1. Support Orders: The court can enter temporary and permanent orders requiring the nonsupporting party to pay financial support. This can include periodic future payments.
2. Enforcement Mechanisms: If the nonsupporting party violates a support order, the court can impose consequences like wage garnishment, property liens, community service, or even jail time. The goal is to coerce compliance with support duties.

Key Language in 2C:62-1

Section 2C:62-1(a) allows the court to enter “an order requiring the defendant to make immediate payment of temporary support”. This temporary order remains effective while a final support determination is pending.

Section 2C:62-1(b) then provides for “an order requiring the defendant to pay a certain sum” for future support. This section also discusses enforcement mechanisms if the defendant violates the support order, such as:

• Periodic jail sentences that the defendant serves on weekends or other designated times;
• Release on probation-like conditions, including obeying the support order; or
• “Any other appropriate equitable remedy” for forcing compliance.

As lawyers, we must study 2C:62-1’s exact text to understand all available remedies and procedures. But in daily practice, these two sections give courts broad authority to order support and enforce it through consequences like wage garnishment or even jail time.