Need a Child Support Enforcement/Recovery Lawyer in New Jersey?

Both parents are legally obligated to financially support their children, even after a divorce or separation. However, this doesn’t always happen. There can be challenges to enforcing and recovering child support, including when a parent moves to another state, willfully avoids paying child support, or consistently makes late payments. 

An experienced attorney like those at Rosenblum Law can navigate these challenges with the help of New Jersey Child Support Enforcement and by taking the matter to court. Contact us today if you need assistance in child support enforcement/recovery, and keep reading for more information. 

Understanding Child Support in New Jersey

Child support orders are issued by the Family Division of the New Jersey Superior Court in the county in which either parent lives. These orders are monitored and enforced by Child Support Enforcement within the Office of Probation. Child support is almost always paid by wage garnishment or wage, unless other payment arrangements are allowed by court order. Payments are deducted from the payor’s paycheck or other income by Child Support Enforcement and paid to the custodial parent. 

Child support is calculated using a complex formula that changes slightly based on whether there is a sole parenting or co-parenting relationship with the child. If the noncustodial parent keeps living quarters in their home for the child and has the child in their home at least 28% of the time, not including vacations and holidays, the shared parenting worksheet is used. Otherwise, the sole parenting worksheet is used.

There are many factors that go into determining the amount of child support, including:

• The income of both parents
• Basic child support amounts based on schedules in the court rules
• Work-related childcare
• Child’s share of health insurance premium
• Court approved extraordinary expenses
• Unreimbursed medical expenses

The formula for child support in New Jersey is the Income Shares Method. This formula assesses the combined income of both parents and determines each parent’s share of that income. Based on this assessment, it calculates the percentage of child support each parent is responsible for providing. 

The basic child support amounts from the court rules appendix represents the total amount that should be spent on the child. To this, work-related childcare and other expenses are added to determine the total child support amount. Each parent is responsible for their percentage of this amount, and the noncustodial parent pays their percentage to the custodial parent. 

The noncustodial parent has many obligations beyond ensuring that child support is paid. Wage garnishment, or the withholding of a portion of a parent’s check to pay the court-ordered child support, is the most common way for child support to be paid. However, the noncustodial parent still has an obligation to ensure that deductions are being made in the right amount. If the deductions do not equal the court-ordered child support amount, the noncustodial parent has an obligation to pay the remainder directly. The noncustodial parent must also notify Child Support Enforcement of changes in their address or employment within 10 days of the change.

Common Issues in Child Support Enforcement/Recovery

In spite of the fact that Child Support Enforcement automatically monitors and enforces child support orders, there are many common issues in child support enforcement/recovery, such as:

• Non-payment or underpayment of child support: There are some situations in which a noncustodial parent doesn’t have income that can be garnished, such as if they are self employed. When these noncustodial parents do not voluntarily pay their child support or pay less than the agreed upon amount, further enforcement action may be needed.
• Late payment of child support: If child support payments are consistently late, further enforcement action may be needed.
• Disputes over the amount of child support: If the noncustodial parent disputes the amount of child support owed, it can delay child support payments. The noncustodial parent must file with the courts if they dispute the amount of child support that is ordered to be paid.
• Modification of child support orders: Child support orders can be modified every three years by request of either parent. If the noncustodial parent requests a modification from the court, it can delay or reduce child support payments. 

If any of these issues arises an experienced attorney can assist in determining which enforcement measures are best for ensuring payment of child support. 

Legal Remedies for Child Support Enforcement/Recovery

There are a number of legal remedies for child support enforcement and recovery to ensure that child support obligations are being met. Many of these are handled by Child Support Enforcement. While Child Support Enforcement is supposed to seek legal remedies for families, cases sometimes fall through the cracks and require the attention of an attorney. 

Court Orders and Judgments

First, the custodial parent should obtain a court order for child support. This requires filing an application for child support with the courts. The application must include the appropriate child support calculation worksheet. This can be complicated, so it is best to hire an attorney.

One can also go to court to enforce an existing child support order. Motions can be filed to hold the delinquent parent responsible and seize assets for back child support. 

Wage Garnishment

Child Support Enforcement automatically enrolls paying parents in wage garnishment, or the automatic withholding of child support payments from the non-custodial parent’s paycheck. However, wages are not the only income that can be garnished. One can also garnish unemployment benefits, disability benefits, and other sources of income in order to pay for child support. 

Contempt of Court

The custodial parent can file a motion to hold the non-custodial parent in contempt of court if they fail to comply with a child-support order. If the non-custodial parent is found in contempt of court, they could face criminal charges and arrest. 

Property Liens and Seizure

The custodial parent may also be able to place liens on, or a legal claim against, the non-custodial parent’s property or seize assets to recover overdue child support. To do this, the custodial parent must file a motion with the court. When a lien is placed on property or assets, those assets cannot be sold or transferred without first paying the child support obligation. 

Intercepting Tax Refunds

The custodial parent can request a court order to intercept federal and state tax refunds to cover overdue child support. Child Support Enforcement works with the IRS to ensure that tax refunds are intercepted and applied to child support. 

Suspension of Licenses

If a non-custodial parent is found in contempt of court for nonpayment of a child support order, their driver’s license is automatically suspended. One parent can apply to the court to suspend the other parent’s driver’s license or other professional licenses if they do not pay child support. A suspended license can affect the non-custodial parent’s ability to earn income which can lower the amount of child support they can pay, so this measure should be considered carefully.

Passport Denial

Those with child support arrears of $2,500 or more cannot get a passport. Child Support Enforcement will work with other government agencies to ensure that passport applications are denied for those with significant child support arrears. This is designed to keep the non-custodial parent from leaving the country to avoid paying child support. 

The Role of an Attorney in Child Support Enforcement/Recovery

While it is possible to handle child support matters without an attorney, it is not recommended. An attorney plays a crucial role in child support enforcement and recovery in a number of ways.

Legal Advice and Strategy

Legal representation begins with a case evaluation in which the attorney will assess the specific circumstances of the case. From there, they will be able to advise on the most effective legal strategies for enforcement and recovery. During the consultation and case evaluation, it is helpful to bring along any existing child support orders and documentation that shows income and child support arrears. 

Filing and Documentation

The attorney will prepare and file necessary legal documents, including motions and applications for child support orders. The attorney can also best ensure compliance with procedural requirements and court rules. 

Representation in Court

The attorney will represent their client in court hearings and proceedings. Attorneys best understand court procedures and are best equipped to present evidence and arguments on behalf of their client to support the enforcement or recovery. 

Negotiation and Mediation

When disputes arise regarding child support amounts, negotiation and mediation may be required. Attorneys can negotiate with the non-custodial parent or their attorney. They can also facilitate mediation sessions to resolve disputes. If the disputes cannot be resolved in mediation, the attorney will be able to take appropriate action through the courts. 

Coordination with Child Support Agencies

The attorney can work with the New Jersey Child Support Agency to enforce orders. New Jersey Child Support Enforcement can take many legal remedies without a court order. However, the attorney may need to navigate the administrative process for support with enforcement.

Steps to Take if You Are Not Receiving Child Support

If one parent is not receiving child support from the other, they  should take the following steps:

1. Document missed or insufficient payments: Keep an accounting of when payments are due and go unpaid. This can be personal records, bank records, or other documentation.
2. Communicate with the non-custodial parent: Find out why they are not paying child support. It could be that they fell into a period of unemployment but will soon be able to start paying again. If the non-custodial parent refuses to pay child support, other action may be necessary.
3. Consult with an attorney to explore legal options: This is especially important if there is no existing court order for child support. It is also important if the non-custodial parent is refusing to pay child support or is intentionally remaining unemployed to avoid paying child support.
4. File a complaint with the New Jersey Child Support Agency: The New Jersey Child Support Agency is responsible for monitoring and enforcing child support orders. If there is a court order for child support that is not being followed, the agency may be able to take action without a court order.

FAQs

Resources and Support for Parents

Relevant legal statutes and regulations

• Section 9:17-53 of the New Jersey State Statutes is the law pertaining to child support orders. 
• New Jersey Court Rule 5:6A dictates how child support is calculated.
• Your Guide to the New Jersey Judiciary Child Support Enforcement Program: This guide gives a detailed overview of how child support enforcement in New Jersey works. 

Support Groups and Counseling Services

• Psychology Today: A directory of parenting support groups in New Jersey.
• Divorce HQ: A directory of support groups for parents who have been through divorce.

Contact Rosenblum Law Today

If you are a custodial parent, child support enforcement/recovery is vital to help you support and care for your child. While it is possible to attend to child support matters alone, such as unpaid child support, it is best to enlist the aid of an attorney. 

Rosenblum Law child support enforcement attorneys have years of experience in collecting overdue child support for custodial parents in New Jersey. Our attorneys have a deep understanding of child support enforcement and recovery, how to work with the New Jersey Child Support Agency, and how to navigate paperwork, filings, and court appearances. Contact us today for a free consultation and case evaluation.