My Ex is a Deadbeat, Moved out of State & Owes Me Thousands in Child Support. What Can I Do?!!
In New Jersey if an order for child support payable through the New Jersey probation department, but is not being enforced because your ex lives out of state, you could seek to have child support enforced by the New Jersey probation department through the Uniform Interstate Family Support Act or (UIFSA).
Enforcing a New Jersey child support order when your former spouse has moved out of New Jersey to another state can be difficult, especially where your former spouse is self employed. If your former spouse has moved out of New Jersey and has refused to pay child support pursuant to the New Jersey Order, asking the Court to issue a warrant for your former spouse’s arrest would be ineffectual, especially if your former spouse does not come to New Jersey or is even refusing to exercise parenting time because a warrant has been issued for his or her arrest in New Jersey. However, certain steps can be taken to establish that the New Jersey child support order be enforced in the state where your former spouse now resides.
For example, if your former spouse ceases paying child support after he or she moves to another state, a payee spouse can file a motion in New Jersey asking the court to compel the New Jersey probation department to send a UIFSA request to have the New Jersey child support order administratively enforced in the state. However, there are simpler steps you can take first. If you know where you ex-spouse works, he is not self employed, and works “on the books,” you could provide the New Jersey Probation Department with his employment information. The New Jersey probation department could then collect child support via income withholding, directly from your former spouse’s paycheck. If your former spouse does not work “on the books” or is self employed, income withholding is not an option and it would be necessary to proceed with other enforcement remedies that would be available only through registration of the New Jersey Order with your former spouses’ state. By registering the child support order in the state where your former spouse resides, that state could then use enforcement remedies, such as incarceration or license suspension, to compel your former spouse to comply with his or her child support obligation.
However, UIFSA is complicated and can be confusing for litigants who are not familiar with its provisions. Therefore, such litigants would be best served by seeking the advice of an attorney who specializes in family law and is well-versed with out of state child support enforcement. If you or someone you know is having difficulty with enforcing a child support obligation for a parent who resides outside of New Jersey, then call the skilled lawyers at Lyons & Associates, at (908) 575-9777. The attorneys at Lyons & Associates, P.C., are experienced with out of state child support enforcement and will be able to guide litigant’s through the complicated statutory framework of UIFSA, and achieve the ultimate goal of securing support for your child.
Written By: Mark T. Gabriel, Esq.