The Law Office of Jennifer Marshall, Esq.
N/a Jennifer Marshall, LLC
Raising a child can be rewarding and challenging, taking up much of your time and energy. When you and the other parent are separated, this can complicate things, especially if the other parent is less-than-cooperative with the child support order’s terms. Luckily, state law gives you the right to take legal action to enforce the agreement and, hopefully, receive your rightful assistance.
With over 18 years of experience, our Piscataway child support enforcement lawyer could help you reach a resolution. She understands how challenging it can be to co-parent in the aftermath of a breakup or divorce, especially if the other parent is not cooperating. Call our fierce child custody attorney to discuss potential solutions.
The New Jersey Probation Child Support Enforcement Unit monitors many support payments under court orders. When a parent does not pay support, Probation may begin enforcement activity. A parent may also ask the family part of the superior court to enforce an existing order.
Our counsel could review child support enforcement issues in Piscataway to determine whether the arrears figure is accurate and what action the court may consider. Under the New Jersey Child Support Enforcement Act, each installment a parent fails to pay becomes enforceable as a judgment. A later retroactive change to the order generally cannot erase past-due installments.
That rule makes prompt action important. A parent who loses a job or experiences another major financial change should not reduce payments without court approval. The existing amount remains due until a judge enters a different order.
Courts use several methods to collect past-due child support. The response may depend on the amount a parent owes, the payment history, or whether the court believes the failure to pay was willful.
Enforcement measures may include:
Our legal team could present records in a Piscataway child support enforcement case showing how much the parent paid, what remains due, and whether the parent could comply. Bank statements, payroll records, payment receipts, and prior court orders may help the judge determine whether the figures are reliable.
Direct payments can create problems when the order requires payment through the New Jersey Family Support Payment Center. Probation may not credit those payments without proper proof or a court order. Purchases for the child also do not automatically replace the support payment the order requires.
An enforcement notice requires immediate attention. Missing the hearing can leave the court with only one side of the record. The paying parent may need to challenge an incorrect balance or show proof of payments missing from the account record. The receiving parent may need to establish nonpayment and request clear collection terms.
For child support enforcement in Piscataway, our attorney could organize the financial evidence and keep the hearing focused. We do not allow confusion or pressure to replace preparation. Jennifer Marshall has practiced law for 18 years and could advocate firmly when a client’s position receives too little attention.
We also help clients distinguish enforcement from modification. Depending on the circumstances, clients may need to pursue both issues, but each requires different proof and legal arguments.
In many situations, the court requires the paying parent (the obligor) to automatically send child support from their paycheck. The court may also have the obligor maintain health insurance or other coverage for the children. When the parent does not follow through on either of these promises, it can make it more challenging for the other parent (the payee) to provide for the children.
If an obligor is consistently late with getting the money to the payee, this may qualify as a violation. Likewise, they may default on the court order if they contribute less than they should. Additionally, consistently sending payments in an unapproved form can result in unnecessary processing delays and result in legal consequences.
Ensuring each parent does what they are supposed to is an integral part of helping children get the food, clothing, education, and shelter they need to thrive. A Piscataway attorney could equip parents with the knowledge and resources to understand and enforce child support orders.
When a parent does not do what they are supposed to under a child support court order, state and federal law empowers the other parent to take steps to hold them accountable. Under New Jersey Revised Statutes § 2A:17-56.8, the obligor may face a range of penalties if they do not follow the agreement. Examples of when these penalties may come into play are if the person is six months behind on their obligations or fails to respond to a child support-related subpoena.
For instance, the government may suspend the person’s driver’s, hunting, or fishing license. Likewise, if they have a professional or business permit, they may lose this entirely or have their right to use it suspended. Sometimes, the government may place a lien on the obligor’s property, such as a house.
Going through the child support enforcement process can feel overwhelming and stressful, so many parents elect to work with a Piscataway attorney. The lawyer could investigate the situation and help make sure the best interests of the children are represented during the procedure.
When you are raising your children after a divorce, separation, or breakup, you may depend on financial assistance from the other parent to do so effectively. With so many expenses involved in providing education, healthcare, and essentials, it can make a big difference when the other parent fails to follow through on their promise. Fortunately, you have the right to take steps to enforce a child support order.
Our Piscataway child support enforcement lawyer has a unique insight into the nuances of co-parenting when you and the other parent are not together. She is a fierce advocate for children and families and takes pride in being a voice for the voiceless. Contact our firm to schedule a consultation to discuss your situation.
The Law Office of Jennifer Marshall, Esq.
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