PRYCE v. SCHARFF (App. Div., A-2190-04T3, approved for publication March 27, 2006):

Under the Court Rules, child support judgments bear post-judgment interest at the rates provided in the Rules. R. 4:42-11(a).

The Court Rules treat interest on child support judgments somewhat differently than interest on other judgments, by providing that past-due child support payments “are subject to post-judgment interest . . . at the time of satisfaction or execution.” R. 5:7-5(g).

The statute cited in R. 5:7-5, N.J.S.A. 2A:17-56.23a, requires that “[a]ny payment or installment of an order for child support” shall become a judgment by operation of law when due and is to be enforced in the same manner as any other civil money judgment. This statute requires that child support judgments carry post-judgment interest, as do other civil judgments. To that end, Rule 5:7-5(g) implements the statute by specifying that child support judgments are subject to post-judgment interest.

A child support obligee whose child support is not currently being collected through Probation may file for income withholding where support payments are in arrears for at least fourteen days. N.J.S.A. 2A:17-56.14. Child support payments “not presently made through the probation department shall be so made upon application of either party” absent a showing of good cause. Ibid. Upon the request of either party, Probation may charge a $25 “monitoring fee” to offset the cost of “keeping adequate records to document, track, and monitor support payments.” Ibid. See also N.J.S.A. 2A:17-56.22.

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