13 Apr A Guide To Enforcing Child Support in New Jersey
In far too many cases, the parent does not pay their child support obligations. Unfortunately, New Jersey has no shortage of “deadbeat dads” and “deadbeat moms.” When a parent fails to pay child support maintenance, and the money becomes past due, the amount is called an “arrearage.”
There are two types of arrears: fixed arrears and unfixed arrears. Fixed arrears are amounts which a court has found to be due and owing. Unfixed arrears are amounts which the support payor owes, but which have not been addressed by the court. An enforcement application is an attempt to get the courts to address the arrears and require the owing parent to pay up.
Application For Enforcement Of Child Support
A party or preferably an attorney for a party may file a request for enforcement. When the child support is being collected by the local Probation Department, the Probation Officer that supervises the case may also file an enforcement application. If a party fails to make their child support payments, the Probation Department will notify the payor that his continued failure to pay will result in contempt proceedings.
Ramifications For Not Paying Child Support
Of course, jail is an option, but, however, a court also has other drastic methods to “encourage” a person pay child support, and many times they are much more effective. The court can suspend a person’s driver’s license or a professional license if he refuses to pay child support. A court can suspend a person’s law license, medical license, or any other license. The threat of this type of sanction can instill the fear of God into someone. In many cases, child support arrears are paid up to date rather quickly once this threat is put in writing or in a motion. The court can also suspend a person’s passport if he refuses to pay child support. This can cause significant aggravation to a person if he frequently travels for business.
If a parent accrues child support arrears, then this is reported to the three credit bureaus. A report of significant child support arrears can most assuredly damage a person’s credit score. Child support arrears can also constitute a lien on a person’s real estate. In short, a person can’t refinance their home if he has child support arrears.
If all of the above sanctions still do not work, then the court will issue a bench warrant for the arrest of “deadbeat dad.” The Sheriff will then go out and arrest the “deadbeat dad or mom” at his/ her home or his place of employment. Once the warrant has been issued, then if the “deadbeat dad” is stopped for a traffic ticket, the local police officer can arrest and incarcerate him on the spot with a bench warrant.
Child Support Enforcement Help in New Jersey
Indeed child support and the ramifications for not paying are involved and demanding. Securing the assistance of The Law Offices of Jeffrey M. Bloom to help with your child support issues is vital. Mr. Bloom has the experience and expertise to fight for you and the rights of both you and your children. Call Mr. Bloom’s West New York office at (855) 208-3650 to secure a consultation.