Montclair Child Support Enforcement Lawyer
New Jersey’s child support laws were enacted to ensure financial security for children. When child support is not paid on time or, in some cases, not paid at all, your children’s stability can be jeopardized.
If you are not receiving the court-ordered amount of child support, or your co-parent owes a substantial amount of child support arrears, a Montclair child support enforcement lawyer could assist you. The experienced attorneys at the Williams Law Group, LLC can work to ensure that you receive all funds owed for your children’s support, and that future payments are made on time and in the correct amount.
Establishing Child Support in Montclair
A parent’s child support obligation may be established as either direct or indirect child support. Direct child support means that the parent who owes support (the “Payor”) pays the other parent (the “Payee”) directly. The state does not monitor these payments, and if the Payor makes late payments, skips a payment, or stops paying altogether, the Payee must act to enforce the child support order.
For indirect child support obligations, the Payor must make payments to the New Jersey Child Support Probation Department, which oversees all payment activity. If the Payor gets behind on payments, a probation officer can intervene on behalf of the Payee and collect any unpaid child support. A seasoned child support lawyer in the area could determine what enforcement options are available to a Payee based on their unique situation.
Enforcing Direct Child Support Orders
In cases where the Payor makes direct payments to the Payee, usually the custodial parent, the Payee must act on their own behalf if the Payor fails to meet their child support obligation. The Payee may file a contempt petition against the Payor or a petition to enforce the child support order. The court will schedule an enforcement hearing, and either party has the right to be represented by counsel in that proceeding.
Enforcing Indirect Child Support Orders
If the Payor has an indirect child support obligation and fails to make payment according to the terms of the child support order, the Probation Department will request an enforcement hearing in New Jersey Superior Court. A judge can consider a Payor’s failure to pay child support and failure to maintain their children’s health insurance. Either a hearing officer or a judge will hear the case and issue an enforcement order.
Methods of Child Support Enforcement in New Jersey
A Payor’s violation of a child support order can negatively impact their children. Fortunately, a judge has many legal options available to enforce support orders, including the following:
- Garnishing the Payor’s wages
- Entering a judgment against the Payor’s property for any child support arrears
- Reporting the Payor to the credit agencies if they owe more than $1000 in arrears
- Intercepting the Payor’s federal or state income tax refund or New Jersey Lottery winnings and applying it to the arrears
- Denying the Payor a passport or passport renewal if they owe more than $2500 in arrears
- Suspending the Payor’s driver’s and professional licenses if child support has not been paid for at least six months
- Issuing a bench warrant for the Payor’s arrest if they fail to abide by a child support order or refuse to appear for an enforcement hearing
- Intercepting a Payor’s worker’s compensation proceeds
A judge may also require the Payor to pay an additional amount each month until the child support arrears are satisfied. Additionally, a knowledgeable child support enforcement attorney can advise a Montclair parent of the Project Save Our Children initiative. This government program allows Payors to be charged with a federal crime if they leave the state to avoid child support, owe over $5000, or fail to pay child support for more than a year.
Speak with a Montclair Child Support Enforcement Attorney
Trying to provide for your children’s needs can be challenging, especially if the other parent is not meeting their child support obligation. If you seek enforcement of a child support order or need to collect child support arrears, let a skilled attorney help.
A Montclair child support enforcement lawyer at the Williams Law Group, LLC can advise you of all possible enforcement methods and file the necessary pleadings in court. Call us today for a consultation about your case.