Enforcing Family Court Orders and Marital Settlement Agreements in New Jersey

When a party fails to comply with a Court Order or Marital Settlement Agreement, the non-breaching party may file a Motion to Enforce Litigant’s Rights to seek enforcement through the Superior Court of New Jersey. The purpose of this Motion is to ask the court to compel the non-compliant party to follow the Order and to remedy the violation. It is a powerful tool to ensure that Court Orders are upheld.

Motions to Enforce Litigant’s Rights are common in New Jersey when a party fails to comply with the Court’s Orders. These Motions are frequently filed for failure to pay support (e.g. child support or alimony), violations of parenting time schedules, failure to pay ordered expenses (e.g. extracurricular expenses, unreimbursed medical expenses, school or childcare costs), and failure to comply with any other provisions of settlement agreements.

The party seeking to file a Motion to Enforce Litigant’s Rights must do so through the Judiciary Electronic Document Submission (“JEDS”) system through the Superior Court. This Motion is accompanied by a Certification outlining the facts that have resulted in the violations. The Motion must be served on the non-compliant party and a Motion Hearing is scheduled, generally on a Friday.

In the event the Court finds that a party has failed to adhere to a Court Order or Marital Settlement Agreement, the Court can order that party to comply with the terms of the original Order. In addition, the moving party can seek additional relief such as sanctions, monetary fines, and/or reimbursement of counsel fees and costs. In addition, other relief may be available such as make-up parenting time and/or reimbursement of costs due to the non-compliance.

Prior to filing a Motion to enforce, it’s often advisable to first attempt to resolve the issue directly with the other party through a letter from your attorney. This is a cost-effective way to seek compliance with the Judge’s Orders. If those efforts fail, the Motion provides a formal mechanism to seek the court’s intervention. If you have any questions regarding this blog, please contact my office.