Rule 5:7-5.Failure to Pay; Enforcement by the Court or Party; Suspension and Revocation of...

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

In one sentenceRule 5:7-5 sets what happens when support goes unpaid — Probation-initiated enforcement once arrears reach 14 days' worth, denial or suspension of driving, recreational, professional and law licenses, execution on assets, and automatic judgment with post-judgment interest.

Full Text of Rule 5:7-5

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

(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.

(1) Driver's License, Recreational Activity License, Professional License. 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

(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).

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: 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; subparagraph (b)(1) amended July 30, 2021 to be effective September 1, 2021.

Plain-English Summary

Enforcement begins with a letter. When someone fails to pay or to provide ordered health insurance, Probation notifies them by mail that the failure may lead to relief-to-litigant proceedings. Once arrears reach the amount payable for 14 days, or coverage is not provided, Probation files a verified statement of the facts and may apply to the court on the litigant's behalf. Filing fees are waived when Probation brings the application, and may be waived for an obligee who swears to indigency — and later assessed against the non-complying party.

Licenses are the sharpest tool. After notice and a hearing, an obligor's licenses to drive, to take part in recreational activities, or to practise a licensed occupation may be denied, suspended or revoked on any of four triggers: arrears equal to six months of support, failure to provide court-ordered health coverage for six months, failure to respond to a subpoena in a paternity or support action, or an outstanding arrest warrant for failing to pay or to appear. A law licence falls under the same statutory standards, with the order notifying the Supreme Court.

Restoration is deliberately mechanical. The order stays in force until the obligor files with the licensing authority either a restoring court order or a Probation certification that the arrears are fully satisfied — and Probation must certify full payment to the court within three working days of it. The obligor, not Probation, is responsible for filing the order or certification with the licensing authority.

The last two paragraphs turn support into a collectible judgment. Probation can prepare and serve writs of execution on cash and cash-equivalent assets, freezing the asset on service though no turnover happens until the court orders it, and charging no fee for the help. And past-due child support is a judgment by operation of law on the date it comes due, docketed automatically on the first day of the following month, carrying post-judgment interest at the ordinary civil rates.

Frequently Asked Questions

When can my driver's license be suspended for child support?

After notice and a hearing, on any of four triggers: arrears equal to or exceeding six months of support; failure to provide court-ordered health coverage for six months; failure to respond to a subpoena in a paternity or support action; or an outstanding warrant for failure to pay or to appear.

How do I get my license back?

File with the licensing authority either a court order restoring the license or a Probation Division certification that the arrears are fully satisfied. Probation must give the court that certification within three working days of full payment, but you are responsible for filing it with the licensing authority.

Do unpaid child support payments become a judgment automatically?

Yes. Past-due child support is a judgment by operation of law on or after the date due, and support payable through Probation is automatically docketed as a civil judgment on the first day of the month following the due date.

Do I have to pay a filing fee to enforce support?

Not if the Probation Division makes the application on your behalf. An obligee applying directly may have fees waived on a sworn statement of indigency, and the court may later assess those fees against the non-complying party.

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. 5:7-5). 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: license suspension child supportchild support enforcementarrears judgmentpost-judgment interestwrit of execution supportfailure to pay support