Monmouth County Child Support Enforcement Lawyer
Having a co-parent who is not fulfilling their child support obligations can be incredibly disruptive to your life. Your child deserves the resources those payments provide, and it is only fair that both parents contribute to the child’s care and well-being.
If your child is not receiving their court-ordered support payments, you can request an enforcement hearing. The legal procedures for enforcing child support obligations can be complex, so you could benefit from working with a family law attorney. A Monmouth County child support enforcement lawyer can help you file your petition, navigate relevant legal procedures, and represent your interests in court to improve the outcome of your case.
Enforcing Child Support Payments in Monmouth County
The first step toward child support enforcement is to submit a Motion to Enforce Litigants’ Rights in accordance with R. 1:10-3. After these documents are filed, the court will assign a date for both parents to attend a hearing. Both parties are encouraged to have a local child support enforcement attorney representing them during this process.
Typically, child support payments must go through the New Jersey Family Support Payment Center. Unless the paying parent can prove that a recording error has happened, there should be a digital record readily available that can show a full payment history. As such, the hearing should not involve much dispute about whether or not certain amounts have been paid. Instead, these hearings typically focus on remedying the violation and enforcing any applicable legal penalties on the non-paying parent.
Collecting Overdue Child Support Payments
The consequences of not paying child support can vary depending on the number of times the payer parent has had enforcement orders filed against them, the amount of money overdue, and the number of payments that have been missed.
Under N.J.S.A. 2A § 17-56.8, the court can garnish a parent’s wages. This process may involve an automatic withholding of income from any current or future employment or unemployment benefits.
Enforcement orders will apply to future payments, but the indebted parent will also owe back payments. If the parent is unable to afford the current support order, they will still owe missing payments and will be obligated to pay the set amount going forward until they file a motion to modify child support. In some cases, overdue child support payments may be subject to interest in line with R. 4:42-11.
Additional penalties for overdue child support include:
- Liens against assets and property, under N.J.S.A. 2A § 17-56.23a
- Revocation of driver’s, hunting, and fishing licenses
- Revocation of certain professional certifications and licenses
- Denied renewals for passports and licenses
- Modified custody orders that reduce visitation time
- Issuance of bench warrants
A support enforcement lawyer in Monmouth County can request relevant penalties and remedies on behalf of their clients so that they may collect the money they are owed.
Work With a Monmouth County Child Support Attorney
Returning to court for an enforcement order may seem overwhelming, but you do not have to go it alone. A Monmouth County child support enforcement lawyer can help you every step of the way so that you can get your child the financial aid they deserve. Schedule your consultation with a family law attorney at Moskowitz Law Group to learn more about your options.