Process for Child Support Payments in New Jersey
The laws governing the process for paying support have evolved over time in New Jersey and other states. Most New Jersey child support payments are garnished from the paying parent’s paychecks and sent to the New Jersey Family Support Payment Center (NJFSPC) to be forwarded to the parent receiving the payments. This process has some benefits for both the obligor and the obligee. If you have questions about the process for child support payments in New Jersey, contact an experienced family law attorney from Moskowitz Law Group, LLC.
Child Support Is Usually Paid Through Income Withholding
The federal Family Support Act of 1988 created a federal Office of Child Support Enforcement and required each state to establish a corresponding agency to help enforce child support for all dependent children. The Act further mandated that, by default, child support obligations be paid directly from a parent’s paychecks through income withholding, which is the same thing as wage garnishment. This method ensures that child support collections are consistent throughout the country. This has benefits for both parents. For the custodial parent, there is a greater likelihood that the money will be paid in a timely manner, as it is being withheld directly from the non-custodial parent’s paycheck. For the non-custodial parent, meeting the support obligation is easier, as the payments are handled by their employer, and there is no question that payments are being made in full and in a timely manner.
While garnishment from a parent’s paycheck is the most common way child support payments are made in New Jersey, parents can also agree for payments to be made to the NJFSPC without a garnishment or directly to the non-custodial parent. Importantly, the agency responsible for enforcing orders for payments made to the NJFSPC can also garnish other income, such as tax refunds, to ensure that any unpaid payments are paid off.
Who Handles These Payments?
When child support is payable through the NJFSPC, the NJFSPC sends a notice to the paying parent’s employer, stating how much is to be withheld from their paychecks and how often. The employer’s payroll department or payroll company then withholds this amount from the paychecks via a deduction and sends it to NJFSPC. The NJFSPC then sends it to the custodial parent.
It is important to note that in some circumstances, the judge in a child support case may allow a different arrangement than income withholding. In these situations, however, the non-custodial parent is still required to send payments through NJFSPC. This kind of situation usually arises when the paying parent is self-employed or does not receive paychecks from the company they are working for because they are an independent contractor or freelancer.
In cases where the custodial parent is receiving public assistance, child support payments withheld from the non-custodial parent’s paycheck may be sent to the State to repay some or all of that assistance based on a formula in the laws and regulations governing qualification for public assistance.
Choosing a Family Law Attorney to Help With Child Support Matters
Child support matters are extremely important to both custodial and non-custodial parents. Unfortunately, challenges can arise in the process of paying or collecting child support. An experienced family law attorney can help with child support payment issues, including helping parents reach a support agreement, helping a client gather the financial documentation needed to determine child support payments, and helping enforce a child support order. They can also help with the process of modifying or terminating an existing child support order.
Contact Moskowitz Law Group, LLC to Learn More About the Process for Child Support Payments in New Jersey
While income withholding has made the process of child support payments in New Jersey simpler, there can still be issues that need legal experience to resolve. Our team has years of combined experience in family law and a commitment to providing our clients with the communication, education, and advice they need to make decisions on the extremely important issues regarding child support. Whatever your situation is, let us help you move forward toward a resolution that is in the best interests of your family. Call our firm today.
