Both parents are required by law to financially support their children following divorce, yet some fail to do so. Non-payment of child support is among the most common legal concerns that divorced parents face. From collecting back child support to locating the other parent who has ceased contact and moved away, there are numerous issues that can come up. Dealing with them requires a clear understanding of who to call for help in getting support payments from your former spouse.
WHO TO CALL TO HAVE CHILD SUPPORT PAYMENTS ENFORCED
You have a couple of options when it comes to who to contact for help getting child support. In some cases the state’s child support program can help get you payment, while in others the best option will be contacting a New Jersey family law attorney with experience in child support enforcement cases.
WHEN TO CALL THE NEW JERSEY CHILD SUPPORT PROGRAM
The Child Support Collections and Enforcement Program, which falls under the authority of the New Jersey Probation Division, provides assistance to parents who have questions about child support and who need help understanding how to establish and enforce child support orders. If you are looking for information and your options for enforcement, the state’s child support program is available to answer your questions.
If the court directed your child support payments to be made through the Probation Division, the child support program may be able to help you with enforcement.
Possible enforcement actions could include the following:
- Contacting your former spouse’s employer to withhold income
- Seizing monies in bank accounts and tax refunds
- Suspending your ex-spouse’s driver’s license and any professional and recreational licenses
- Denying their passport application
- Intercepting any lottery winnings or lawsuit proceeds
- Reporting past due child support payments to credit agencies
- Attaching liens to property and assets.
While you can contact the child support program and ask for help, it’s important to understand the limits on the assistance the government can provide. Sometimes court intervention is required to get child support payments enforced and it may be necessary to seek legal representation from a family law attorney. Additionally, if your child support payments are through direct pay, you may need to go to court to collect them.
WHEN TO CALL A NEW JERSEY ATTORNEY FOR HELP
If you need to have your child support order enforced through the New Jersey court, a family lawyer can represent you. Your lawyer can request a hearing with the court in which your former spouse will be directed to appear. You will also appear. Once the judge hears from both sides, they will decide what enforcement action to take. If your ex-spouse doesn’t show up for the hearing, they can be arrested.
It can also be in your best interests to call an attorney for help in the following situations:
- When you would rather try to achieve an amicable resolution to getting child support payments, without probation enforcement or court intervention. If this is a possibility based on the relationship with your ex-spouse, your attorney can negotiate on your behalf.
- If you need to locate your spouse in a direct pay case, or even if your spouse was ordered to pay support through Probation. A lawyer can assist in searching for your former spouse.
- When you need to deal with child custody or alimony enforcement issues in addition to dealing with issues related to child support enforcement.
- Anytime you have a concern and need answers about your legal options for getting child support payments.
These are just a few examples of situations in which you may wish to get the help of an attorney. Child support issues are often more complicated than they initially seem; to make the best decisions for you and your children, it can be to your great benefit to rely on advice that is custom-tailored to your individual circumstances.
ANOTHER POSSIBLE OPTION: CALLING YOUR EX-SPOUSE DIRECTLY
In some situations, and depending on whether you are on reasonably okay terms with your ex, you may wish to call them directly and ask why they are not making payments. This may be a possible route to take if your former spouse has been responsible by paying on time in the past and has suddenly stopped making support payments. If you are not comfortable contacting your spouse directly, your attorney can handle this call for you, either by contacting your ex-spouse or potentially reaching out to their former divorce lawyer.
There may be a reason that your former spouse isn’t paying child support that can be worked out simply by communicating. Perhaps a different payment arrangement can be negotiated that will help you get paid. Your child support lawyer can be valuable in helping you discover why payments are not being made; if the situation calls for it and you agree, seeking a modification to the support order may be the next step.
With all this being said, as lawyers with decades of combined experience practicing exclusively in family law, including in issues of past-due child support, we know that trying to work out payments directly with delinquent payors is not always a viable option.
IS YOUR FORMER SPOUSE NOT PAYING CHILD SUPPORT? REACH OUT TO AN EXPERIENCED NEW JERSEY ATTORNEY FOR HELP.
If you have questions about enforcing child support, our family law firm is here with answers. When you need help getting paid, we are here to assist you in getting the money you are owed. You have the right to receive support from your former spouse for your child’s care. The sooner you take action to enforce support, the better. The longer you wait, the harder it may be to get all past-due payments and receive future payments.
Contact [MFR] Men’s & Fathers’ Rights Divorce Lawyers today if your former spouse isn’t paying child support. You can arrange a consultation with a highly experienced attorney by calling (201) 880-9770.
