Rule 5:7-10.Suspension Provisions of Child Support Orders

Last amended September 1, 2021 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:7-10 lets the court temporarily suspend enforcement of a child support order — or the obligation itself — defines what each kind of suspension means, and puts passport and credit-reporting remedies beyond the court's reach.

Full Text of Rule 5:7-10

Text sizeJump to: (a) (b) (c) (d)

(a) Applicability. This rule is applicable to all orders and judgments that include child support provisions.

(b) Definitions. (1) “Suspension of judicial enforcement” means that no bench warrant will issue, the case will not be listed for enforcement action, and no relief to litigant proceedings will be instituted by the Probation Division for the child support provision of an order until further order of the court. (2) “Suspension of administrative enforcement” means that no automatic judgment shall be entered, and no state tax return, federal tax return, Financial Institution Data Match, lottery winnings or Child Support Network shall be subject to offset or interception by the state IV-D agency or its designee until further order of the court. (3) “Suspension of all obligations” means the temporary suspension of all support provisions of an existing support order, including the charging and enforcement of current support and enforcement of past due obligations, until further order of the court. (4) “Suspension of current obligation only” means the temporary suspension of the current support obligation only but allowing enforcement of past due obligations to continue until further order of the court. The circumstances that warrant the suspension of child support obligations generally involve uncertainty about a fact necessary for modifying an existing child support award, such as an incarcerated parent’s ability to repay arrears upon release, custody disputes, overpayments, arrears disputes, applications for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), and misrepresentation or material mistake of fact.

(1) Discretionary Temporary Suspension of Enforcement, Remedies, Obligations. Except as provided by law and these Rules, the trial court, in its discretion, may enter an order: (i) temporarily suspending judicial enforcement or administrative enforcement of an existing child support provision in an order; (ii) temporarily suspending specifically identified judicial or administrative enforcement remedies in an existing child support provision of an order; (iii) temporarily suspending all obligations; or (iv) temporarily suspending the current support obligation only.

(2) Passports. Child support related restrictions, or the lifting of such restrictions, on passports are administrative remedies under the exclusive jurisdiction of the federal government. (i) Cases that meet the federally established criteria for the child support related denial, suspension, or revocation of a passport shall be submitted by the state IV-D agency or its designee to the Secretary of the U.S. Department of Health and Human Services; (ii) Notice to the obligor of the intent to deny, suspend, or revoke a passport that includes instructions regarding the obligor’s right to contest the passport restriction shall be provided by the state IV-D agency or its designee; (iii) Requests to contest the passport restriction are handled by the state IV-D agency or its designee in concert with the federal government; (iv) Motions or applications for the denial or reinstatement of passport privileges as a child support enforcement remedy shall be denied and the obligor directed to pursue administrative remedies through the state IV-D agency or its designee.

(3) Credit Bureau Reporting. The reporting of child support arrears to credit bureaus is an enforcement remedy administered by the state IV-D agency or its designee on cases that meet the state-established eligibility criteria for such reporting. (i) Notice to the obligor of the intent to report child support arrears to credit bureaus that includes instructions regarding the obligor’s right to contest the reporting, shall be provided by the IV-D agency or its designee; (ii) Requests to contest the credit bureau reporting are handled by the state IV-D agency or its designee in concert with the Probation Division; (iii) Motions or applications for the exemption or deletion of credit bureau reporting due to child support arrears as a child support enforcement remedy shall be denied and the obligor directed to pursue his or her administrative remedies through the IV-D agency or its designee.

(d) Review. (1) A child support case under the supervision of the Probation Division with an order that contains a suspension of enforcement provision shall be reviewed by Probation every 90 days. (2) If there has been no activity on the case during the period of suspension, the Probation Division shall list the case for a hearing, as appropriate, unless the court directs otherwise.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Adopted June 15, 2007 to be effective September 1, 2007; paragraph (a) amended, new paragraph (b) adopted, former paragraph (b) redesignated as paragraph (c) and text replaced, former paragraph (c) redesignated as paragraph (d) and amended July 30, 2021 to be effective September 1, 2021.

Plain-English Summary

Sometimes a support order should pause rather than change, because the fact the court would need is not yet known. The rule names the situations: an incarcerated parent's ability to repay arrears on release, custody disputes, overpayments, arrears disputes, pending disability applications, and misrepresentation or material mistake of fact.

Four defined suspensions give the court precise instruments. Suspending judicial enforcement stops bench warrants, enforcement listings and relief-to-litigant proceedings. Suspending administrative enforcement stops automatic judgments and the interception of tax refunds, lottery winnings and matched financial accounts. Suspending all obligations pauses current support and the enforcement of past-due amounts together. Suspending the current obligation only pauses what is accruing while leaving collection of arrears running.

Two remedies are expressly not the court's to give. Passport restrictions belong exclusively to the federal government, and credit bureau reporting is administered by the State IV-D agency — so a motion asking a judge for either is to be denied and the obligor directed to the administrative route instead. Suspensions do not drift: a Probation-supervised case carrying a suspension is reviewed every 90 days, and if nothing has happened Probation lists it for a hearing.

Frequently Asked Questions

Can child support be paused rather than changed?

Yes. The court may temporarily suspend judicial enforcement, administrative enforcement, specific enforcement remedies, all obligations, or the current obligation only.

Can a judge restore my passport in a child support case?

No. Passport restrictions are administrative remedies under the exclusive jurisdiction of the federal government, and a motion for denial or reinstatement of passport privileges is to be denied, with the obligor directed to administrative remedies through the State IV-D agency.

Can the court remove child support arrears from my credit report?

No. Credit bureau reporting is administered by the State IV-D agency or its designee, and a motion for exemption or deletion is to be denied and the obligor directed to pursue administrative remedies.

How often is a suspended case reviewed?

Every 90 days by the Probation Division, and if there has been no activity during the suspension Probation lists the case for a hearing unless the court directs otherwise.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:7-10). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: suspension of child supportsuspend enforcementpassport child supportcredit reporting arrearsincarcerated parent support