While tension between former spouses may continue through the conclusion of a family-related legal matter, it’s not uncommon for one parent to act vindictively against the other. Refusing to comply with a child support agreement is a bad idea, as serious legal issues can arise when support is involved. Below are a few of the rules regarding child support in New Jersey and the appropriate solutions to common problems.
The Child Support Process in New Jersey
When a custodial parent files for child support services and the application is approved by the court, the non-custodial parent has a legal responsibility to support the children through payments to the custodial parent.
Per federal law, child support payments are made through income withholding, meaning payments are automatically deducted from the non-custodial parent’s paycheck. If income withholding is unavailable, a court order will instruct the non-custodial parent to pay the set amount at intervals such as weekly or monthly.
If the Non-Custodial Parent Won’t Pay
If the non-custodial parent refuses to pay child support to the custodial parent, the New Jersey Child Support Agency’s County Probation Division can enforce the court order by one of the following means:
- Requiring the non-custodial parent’s employer to deduct money from his or her pay
- Taking the past-due amount from a tax refund or other lump sum of money
- Seizing assets and property such as bank accounts, cars, real estate, etc.
- Issuing a warrant
- Returning the case to court to discuss the agreement
- Reporting the payment delinquency to a credit reporting agency
The law is on the custodial parent’s side when he or she is owed child support payments, and the New Jersey Child Support Agency has a variety of enforcement tools available. When a custodial parent reports payment issues to the Child Support Agency right away, he or she can obtain the necessary assistance to enforce the court order.
If the Non-Custodial Parent Moves Out of State
Even if the non-custodial parent moves away from the State of New Jersey, child support payments should continue as usual through income withholding. In the same manner as with a New Jersey employer, the Child Support Agency will ask the non-custodial parent’s out-of-state employer to deduct the required amount from his or her wages.
If income withholding is inapplicable or another factor prevents the payment process from going smoothly, the custodial parent may need to file a petition to ask the other state to enforce the child support order. The local office will help the custodial parent file the appropriate documentation to ensure all the requirements are met to enforce the order in the non-custodial parent’s new home state.
Getting Legal Assistance
Unfortunately, these and other related obstacles can still arise after your legal matter has concluded. The team at Petrelli Previtera Schimmel can help you navigate and overcome child support issues with as little stress and confusion as possible.
Contact our firm for assistance if you’re facing issues with your family law matter. We can help.