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Top 5 Child Support Enforcement FAQs

Top 5 Child Support Enforcement FAQs | Jeffrey M. Bloom, NJ

Child support is a hot topic among divorced couples with children. Due to financial issues, many non-custodial parents fail to pay the required support amount to the other parent. This causes emotional and financial stress because the custodial parent is not getting the money he or she needs to care for the child.

Can you enforce child support? What happens when situations change? Read on to get your questions about child support answered.

1. My ex-husband won’t pay child support. How can I enforce this?

The Child Support Enforcement Act of 1984 helps custodial parents collect child support. A district attorney will be appointed to you to file the appropriate paperwork and serve your ex-spouse. Your ex-spouse will be ordered to set up a payment arrangement. If this is not done, there are consequences. Your ex-spouse could have wages garnished, property seized, tax refunds withheld and licenses suspended.

2. I lost my job. Do I still have to pay child support?

Yes. The court will not excuse a parent from child support obligations altogether. You can petition the court to reduce your payment amount or temporarily pause the payments until you find a new job.

3. Can I get rid of my child support debt if I file for bankruptcy?

Bankruptcy does not allow for the discharge of child support debt. Child support is a public policy issue and, as such, cannot be rid of in a bankruptcy case.

4. I always pay child support directly to my ex-spouse on time, but I am being accused of nonpayment and am now in arrears. What can I do?

You can avoid this by following the court orders. If the court orders you to pay a certain way, follow the rules. If you work out a different arrangement, get it in writing and signed by both parties.

Do not ever pay child support in cash. Use a check instead. You should always have some sort of receipt or evidence that the payment was made, such as bank accounts or documents.

5. I am married, but my spouse handles all the finances and gives me no money to care for the kids. Can I file for child support?

Most likely not. Unless you and your spouse live separately, the court often refuses to get involved in domestic disputes unless the children are being abused or neglected. If you allow the court to intervene, a judge may change the custody instead, which could have negative implications for you.

Learn More About Child Support With New Jersey Attorney Jeffrey M. Bloom

Child support is often a sore spot for divorced couples. Many custodial parents fail to receive the support they are entitled to receive, causing stress and financial difficulties. West New York family law attorney Jeffrey M. Bloom can answer your questions about child support and help you with enforcement actions. Call The Law Offices of Jeffrey M. Bloom for a consultation at (855) 208-3650.

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