Union County Child Support Enforcement Lawyer
When spouses with children go through a divorce, courts will almost definitely order the non-custodial parent to provide child support payments. While every parent should be willing to financially support their child, a child support order from a New Jersey court makes that expectation a legally enforceable obligation. Anyone who violates the terms of a child support order may be subject to further legal action. If the violations of the order are chronic, it may even result in a bench warrant for the payor’s arrest.
If your child’s other parent is failing to meet their court-ordered financial responsibilities, you should schedule a consultation with a Union County child support enforcement lawyer as soon as possible. With a dedicated child support attorney’s help, you can ensure your child gets the financial support they need and, if necessary, seek backpay for previous missed payments.
Enforcing a Support Order Without Going to Court
Not every parent who misses a child support payment does so intentionally, nor is every missed payment necessarily a cause for legal action. Even in situations where parents have an amicable relationship, one parent may fail to pay child support on time accidentally or because of an unforeseen change in circumstances, like loss of employment. In these cases, it may be possible to resolve the issue through private negotiations and a jointly filed consent order to modify an existing support order. A consent order is an enforceable court order containing a signed agreement between the parties.
When parents are not on good terms or one parent deliberately fails to pay child support, pursuing enforcement options in court may be the best approach to obtaining payment of the financial support a child needs. A Union County child support enforcement attorney can examine a specific set of circumstances during a private consultation and offer guidance about the most appropriate course of action.
How Courts Enforce Child Support Obligations
There are many ways to legally compel someone to fulfill their child support obligations, not all of which involve civil or criminal sanctions directly from the court. For instance, a parent who did not receive a promised support payment may petition the court for wage garnishments. If granted, this process would instruct the non-custodial parent’s employer to deduct their child support obligations from their paycheck. The requisite amount is sent to a dedicated account established by the court for the parent who collects the child support.
Alternatively, the parent collecting child support may seek an enforcement order from the court. This document is essentially a formal request for the court to enforce an existing judgment. The court may fulfill this request in any number of ways, including:
- Property liens
- Reports to credit bureaus
- Seizing lottery winnings or settlement funds
- Denying or suspending government-issued licenses and passports
If less harsh enforcement sanctions do not result in resuming payments, the court may issue a warrant for the paying parent’s arrest. The paying parent will then be forced to appear in Court to explain why they have not been paying. The Court will then hold a hearing to determine the paying parent’s ability to pay back child support and enter the appropriate order containing the amount of the payment. The paying parent may not be released from detention until that amount is paid and nay additional conditions are met.
A proactive Union County child support enforcement lawyer can provide vital assistance demonstrating why courts should impose child support enforcement measures.
Hire a Union County Child Support Enforcement Attorney
Both parents have a responsibility to financially support their children’s growth into healthy adults. When a non-custodial parent fails to provide the support your family needs, taking legal action may seem like a procedurally and emotionally challenging endeavor. A legal professional can advocate for your rights and your child’s best interests while handling the paperwork and court appearances.
Assistance from a Union County child support enforcement lawyer can make all the difference in ensuring you get the payments your child deserves. Call today to schedule your free consultation with a dedicated family law attorney at Moskowitz Law Group.