Child support involves periodic support payments that courts order when two parents no longer live together, such as in a legal separation or divorce. The idea behind child support payments is that parents have a legal responsibility to support their own biological children.
Because of this, either parent may be ordered to pay child support if they are not the custodial parent of the child. It is typically in the child’s best interests to receive financial support from both of their parents.
Therefore, child support payments may be ordered even in cases where one of the parents does not have contact with their child. Child support is intended to provide for the expensive costs involved with raising a child.
These support payments are not intended to benefit either of the parents, but, instead, are intended to benefit the child. Child support payments are provided for:
- Food, shelter, and clothing;
- Health and medical care; and
- Educational expenses, including those that are associated with sending a child to a private school instead of a public school.
The amount of child support payments are determined by a court that takes into account the unique circumstances of each individual case. In addition, every state has its own guidelines that govern child support payment calculations.
There are guidelines that specify what factors a court must consider, which typically include:
- The needs of the child, such as:
- health insurance;
- education;
- daycare expenses; and
- any special needs that the specific child may have;
- The income and the financial needs of the custodial parent;
- The paying parent’s ability to make payments; and
- The child’s standard of living prior to the separation or divorce, if applicable.
A court will, in general, require each of the parents to complete a financial statement that details their monthly income and expenses. Based upon these statements in addition to the amount of time each parent spends with the child, the court will use a standardized formula to calculate the exact amount of support that will be paid monthly.
In certain states, visitation arrangements are also considered when determining the amount of child support.
What Are Child Support Arrears?
Child support arrears are an amount of unpaid child support that is owed to the custodial parent. This issue may arise when a noncustodial parent has moved away and child support payment enforcement has become an interstate issue.
Interstate child support is a situation where one parent needs to pay child support for a child who does not reside in the same state as they do. This type of child support issue may be complex because it is possible that there may be multiple orders from multiple states being enforceable at the same time.
There are two categories of arrears, assigned and unassigned. An assigned child support arrear is the unpaid child support payments that are provided to the state.
In these cases, the custodial parent is on public assistance and the missed child support payments serve to reimburse the state for financially supporting the child. One example of this would be if a noncustodial parent owes several thousands of dollars in unpaid child support.
The noncustodial parent would begin making monthly payments including interest that are paid to the state as repayment for the years the custodial parent was receiving public assistance in order to make up for their missing child support payments. A custodial parent would only receive payments from the arrears if there was any money remaining after the state had been paid in full.
Unassigned child support arrears is back child support that goes directly to a custodial parent if that parent never received state or federal public assistance. This parent is entitled to all of the money that the noncustodial parent did not pay.
It is important to note that they may choose to waive their right to receive this money. This type of waiver is a court order that relieves the noncustodial parent from having to make back child support payments.
Waivers may be used because:
- The custodial parent is capable of financially caring for the child on their own;
- The noncustodial parent offers to pay a portion of the arrears in exchange for the custodial parent waiving the remaining portion of the arrears; or
- The custodial parent and non custodial parents:
- have reunited;
- are living together; and
- are sharing expenses.
New Jersey Child Support Arrearages
Child support can be a heated issue, especially when parents do not separate on good terms. In some cases, a parent may use child support payments to get back at the other parent.
Doing so can seriously jeopardize their child’s well-being. Because of this, it is important for paying parents to ensure they do not have back child support in New Jersey.
Child Support Arrearages
In the State of New Jersey, overdue payments of child support upon a court order are referred to as an arrearage. Regardless of the reason for a parent’s non-payment, NJ child support laws on arrears allow New Jersey courts to be very strict with their child support rules.
Consequences of Non-Payment of Child Support in New Jersey
New Jersey is firm on its child support laws. Because of this, the state is constantly enforcing these laws and penalizing individuals for arrearages.
If an individual fails to adhere to these laws, they may face:
- Jail time;
- Revocation of their driver’s license;
- Freezing bank accounts;
- Suspension of professional licenses;
- Suspension of passports;
- Seizure of paychecks;
- Seizure of tax refunds;
- Reporting arrearage to the credit bureau; and
- The conversion of arrearage to a judgment against personal and real property.
If any arrearages are not handled, the court will take action against the non-paying parent. However, with the representation of an attorney, the non-paying parent may be able to work out a deal.
How Do I Enforce Child Support Payments in New Jersey?
Once a non-paying parent enters into arrearage, or past due child support, the custodial parent can file an application with the Probation Department for enforcing child support in NJ. After this is done, a probation officer will attempt to collect the money.
If a probation officer is not successful, the Probation Department will initiate a court proceeding against the non-paying parent. The Probation Department will file a statement with the court when the non-paying parent is 14 days behind in their payments.
Can I Reduce the Amount of Child Support Owed?
There is no child support arrears forgiveness in New Jersey. In other words, a non-paying parent cannot reduce the amount of back child support they owe.
Therefore, if a parent owes $10,000 in back child support pursuant to a court order, that parent cannot go back to court and attempt to reduce that amount. This is true even if the non-paying parent is not in the financial position to repay it.
Consulting an Attorney
If you are not receiving the child support payments that you are due in New Jersey, it is in your best interests to consult with a New Jersey child support lawyer. Your attorney will represent you in court and assist you with obtaining the funds you are owed.
If you have child support arrears or a judgment against you, your lawyer can help ensure your rights are protected. Your attorney can help you set up a payment plan or have your child support payments reduced, if needed.
