Even long after a divorce is finalized, parents may continue to have disagreements about what is right for the child. One of the most common disputes is typically related to child support. Learn more about what to expect when navigating child support problems in New Jersey, and what options you may have available.
How Does Child Support in New Jersey Work?
If one parent has primary custody of a child, they may file a petition with the local court for child support. The judge will consider a variety of factors, including the child custody agreement, the income of both parents, and the need for finances. Then, they will issue a judgment and calculate the child custody payment.
This order requires that the parent ordered to pay child support submits monthly payment to the other parent. In some cases, the child support amount may be federally withheld from the parent’s paycheck, and then sent to the other parent. If the ability to withhold funds from a paycheck is not available, the court may order that parent to make payments on their own.
Problems can arise with this agreement, especially when one parent won’t submit payment to the other.
Your Options When a Non-Custodial Won’t Pay Child Support
You may have a few options available if your ex-spouse refuses to pay child support as ordered by the court. You can file a petition with the New Jersey Child Support Agency’s County Probation Divison, who may order payment in one of the following methods:
- They may require the parent to automatically deduct payments from their paycheck.
- They may require the past-due amount to automatically come from a tax refund.
- They may choose to seize assets, like bank accounts or vehicles.
- They may issue an arrest warrant.
- They may return the case to court to deal with disagreements.
- They may report the owed child support to a credit agency.
It’s important to report unpaid child custody to the agency as soon as possible. This gives them time to take action and requires payment of funds.
How to Collect Unpaid Child Support from an Out-of-State Spouse
Figuring out how to demand child support from an ex-spouse who lives out of state can be even more confusing. A non-custodial parent is still required to make child support payments, even if they move. You can still report unpaid child support to the New Jersey agency. They can reach out to the non-custodial parent’s employer and request automatic payments.
If they don’t have an employer, or the employer refuses to automatically deduct child support payments, you may still have other options available. You can file a petition with their home state to enforce the child support payments similar to how a New Jersey court would. The child support agency of their state may also assist with collecting compensation.
Whether you’re navigating child support for the first time, or you feel like you’re running out of options trying to get money from a non-paying ex-spouse, a lawyer can be beneficial.
Contact a Moorestown Family Law Attorney for a Consultation About Child Support in New Jersey Today
If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at Cordy Hartman LLC represent clients throughout the state, including Moorestown, Cherry Hill, Evesham Township, and Mount Laurel. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at 856-452-4474 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 505 S Lenola Rd Ste 224 Moorestown, NJ 08057.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.