How to Handle Unpaid Child Support
Dealing with Unpaid Child Support
Unpaid child support is a problem in New Jersey and nationwide. Although severe legal consequences accompany non-payment, child support often continues to go unpaid for various reasons.
Perhaps the payee loses his or her job, leading to financial hardship. Sometimes the payee simply stops payments. Many custodial parents must learn how to deal with this unpaid child support. A legal firm specializing in family law can elaborate on the options you have to receive the support you are legally entitled to.
What Options Are There for Dealing With Unpaid Child Support?
Payments vary according to previous child support planning and the child support agreement currently in place. When determining the amount of child support, ensure your agreement follows the New Jersey Child Support Guidelines.
When it comes to non-payment, there are both federal and state enforcement measures in place to help custodial parents. A dedicated family law attorney can guide you through these complicated measures and help you determine the best method to receive your child support quickly.
When trying to retrieve unpaid child support, you or the court can:
- Seek garnishment of the non-paying parent’s wages
- Suspend the non-paying parent’s driver’s license or professional license
- Intercept the tax refunds of the non-paying parent
- Issue a court-ordered bench warrant
- Report non-payment to credit agencies
- Place a judgment on real estate in New Jersey
While a few of these steps, including informing credit agencies, occur automatically after you report non-payment, you will need to initiate the others actively. For guidance on which course of action will fit best with your particular situation, consult a family law attorney well versed in child custody and child support laws.
When the Non-Paying Parent Cannot Pay
If the non-paying parent fails to pay due to financial hardship, they have the option to file a modification of child support payments motion with the court. In addition to the motion, the parent must submit new financial records for review by the court, supporting their claim of financial hardship.
The court will make the final determination based on the documentation. If they fail to pay child support after a reduction, work with a family lawyer to ensure you receive your support.
What if Unpaid Child Support Occurs During Divorce?
If a parent fails to pay the agreed child support during active divorce proceedings, the supported spouse will need to file an enforcement motion with the court. Consult with your divorce attorney to ensure you meet deadlines and provide the correct documentation.
Reach Out to Our Family Law Attorneys Today for Help
Unpaid child support can result in financial hardship, making it difficult to care for your children. It can also create tremendous anxiety and frustration. Emotions run dangerously high during times like these, and working with a legal team instead of communicating directly with your ex-partner is preferable.
If your ex-partner refuses to pay their unpaid child support, reach out to our expert family law attorneys at Lyons & Associates, P.C., today. We specialize in child custody and child support cases. Call our law offices at (908) 575-9777, or contact us online to schedule your free consultation.