Both parents have an obligation to financially support their children after divorce or even if they were never married. If you are the parent required to pay child support and you don’t, you can face serious consequences that affect you personally, professionally, and legally.
If your financial circumstances have changed and you can’t afford to pay child support, speak with an experienced New Jersey family law attorney before getting yourself into a difficult situation. You could potentially have payments reduced.
Even if the custodial parent is not letting you see your child in violation of the child custody agreement, this does not allow you to stop making court-ordered payments. Instead, consult with a lawyer for assistance in enforcing your visitation rights.
Like most parents, you probably want the best for your child. If you don’t pay support, your child’s quality of life will likely suffer. And your own life will be very negatively impacted.
HERE’S WHAT HAPPENS IF YOU DON’T PAY CHILD SUPPORT
You can face the following consequences if you are delinquent in child support:
- Interception of federal and state tax refunds
- Liens placed on real estate and personal property
- Seizure of assets in bank and investment accounts
- Suspension, revocation, or denial of driver’s, professional, recreational, occupational, and sporting licenses
- Reporting of past-due payments to credit agencies if you owe more than $1,000
- Passport denial if you owe over $5,000
- Seizure of lawsuit settlements and awards
- Seizure of lottery winnings.
You could also be arrested and possibly incarcerated if you continue to be delinquent, or are ordered to attend a court enforcement hearing and do not show up.
WHAT HAPPENS AT A CHILD SUPPORT ENFORCEMENT HEARING?
At an enforcement hearing, which both parents attend, a judge or hearing officer will listen to the parties, assess the facts of the case, and decide how to enforce payment. The enforcement order could include a requirement that you be arrested if you don’t abide by it.
You have the right to bring an attorney should you be summoned to an enforcement hearing. We highly recommend that you do so as your lawyer will ensure your rights are upheld and will advocate to get you the best possible result based on the facts of your case.
WHAT YOU SHOULD DO BEFORE ACTION IS TAKEN AGAINST YOU FOR NOT PAYING CHILD SUPPORT
There is one thing you should absolutely not do regarding unpaid child support—and that is to ignore it. The debt will not go away and if you continue not to pay, it will simply become larger. At some point, you will pay a much bigger price through the severe penalties previously discussed.
What you should do will depend on the reason you are not paying support.
FINANCIAL CONCERNS
If it is a financial issue, you may be able to negotiate a payment plan or reduced payment amount with your child’s other parent. Your respective attorneys can help with negotiations and, if successful, draft a new support agreement for approval by the court.
If the other parent is not open to negotiating a solution, you could potentially obtain a modification with reduced child support payments through the court. To have support modified, you will have to prove that your financial circumstances have changed substantially since the initial order, such as having lost your job or having been demoted to a much lower paying position. If the payee parent has gotten a higher paying job or a substantial raise, that might also be a change that would allow you to pursue lower payments in a modification if you are able to provide evidence of such.
PARENTING TIME ISSUES
The amount of child support paid is partially based on the amount of time each parent has with the child. But even if you are being denied your rightful visitation time by an angry or spiteful ex-spouse or partner, you must still keep making payments. You are required to pay by your child support order and unless that agreement is changed, you are responsible for paying the amount stated in the order. If you stop paying, you will face the consequences, not the custodial parent. What you can do in this situation is have the custody order enforced with the help of your lawyer.
VALID REASONS TO STOP PAYING CHILD SUPPORT
When can you stop making child support payments without getting into trouble? Generally, in New Jersey child support payments stop when the child turns 19 years old. Exceptions to this include if the child is still in high school at that age, is going to college or trade school full-time, or is seriously mentally or physically disabled. In these cases, parents can ask for a continuation of support until the age of 23 in the first two circumstances and beyond that age in the case of disability.
Additionally, you can stop making child support payments if your minor child joins the military, marries, or otherwise becomes legally emancipated. You will have to inform the Probation Division of the court about any of these occurrences if payments are through probation.
However, if you were delinquent in child support payments prior to payments legally ending, you are still responsible for paying that back support. The debt does not go away.
TURN TO OUR EXPERIENCED NEW JERSEY ATTORNEYS FOR ANSWERS
Financially supporting your child is an obligation you have as a parent. When you are the parent ordered to pay child support, you must fulfill that obligation or suffer the consequences. If you have been delinquent in paying support and need legal guidance, a knowledgeable attorney from [MFR] Men’s & Fathers’ Rights Divorce Lawyers can look at your circumstances and advise you about what to do to clear your child support debt.
To speak with us, call our New Jersey firm at (201) 880-9770. We represent clients in all areas of family law including divorce, child custody, child support, and alimony.
