Whenever couples who share children decide to go their separate ways the issue of child support will arise at some point. In New Jersey and elsewhere throughout the country, parents are expected and required to take care of their children and provide for them financially.
Cherry Hill child support lawyers will tell you that financial support is supposed to be used to pay for the basic needs of a child, such as shelter, clothing, food, education and medical support.
Generally speaking, the custodial parent (the parent who takes care of the child the most) expends more money for the child simply based on the amount of time he or she spends with the child. That said, it is not uncommon for the non-custodial parent to be required to make routine child support payments to help make certain both parents are paying their fair portion of the child’s expenses.
Occasionally, when parents end their relationship, they are able to come to their own agreement with respect to the financial care of the child or children; however, more often than not, the parents are unable to reach a fair agreement on their own. This is where a court will step in to order child support payments. But what if a parent won’t abide by the order?
Your Options Under the Law
Tensions often run high, particularly if a couple is going through the divorce process. When that happens, a parent who is obligated to pay the other parent child support may decide to stop making payments in an effort to “punish” or get back at the individual. However, nonpayment of child support only hurts the child for whom the support was intended.
Child support attorneys know there are different ways to go about enforcing existing child support orders in New Jersey. For instance, the party who is to receive child support on behalf of the child can choose to have the New Jersey Probation Department enforce the child support order.
The Department is mandated by law to enforce such orders. Subsequently, an enforcement hearing will be scheduled. Both parties have a right to be represented by an attorney at that hearing. If you would like legal representation for your hearing, contact our office as soon as possible.
There are many remedies available to those seeking enforcement of child support orders. One of the more common means of enforcement involves the garnishment of the non-paying parent’s wages. If the non-paying parent owes over $1,000 in child support arrears, the credit bureaus can be alerted, which could result in significant damage to that parent’s credit standing.
Also, a judge can choose to establish the arrearage amount and enter a judgment in that amount, which will create a lien on the non-paying parent’s property. Such liens can have an adverse affect on that parent’s ability to later sell or transfer that property.
Get Help Collecting Child Support Today
It is important for parents not to shirk their responsibilities with respect to their child support obligations. If you have questions about your rights under the laws of New Jersey, contact Obermayer Rebmann Maxwell & Hippel LLP at (856) 795-3300 or use our online contact form.