The New Jersey Courts state that the Probation Child Support Enforcement assists in ensuring the welfare and safety of children, families, and communities in New Jersey by collaborating with both parents. Many of their duties include collecting payments timely and being consistent in court-ordered child support. The majority of states struggle with enforcing child support. In many situations, many aspects of the case are incomplete or missing.
Therefore, states have decided to become more strict on fulfilling these payments and created programs to ensure that. For instance, another major duty of Probation is taking enforcement action when court-ordered current or past-due support is not being paid or court-ordered health care coverage for a dependent child is not being provided.
Below are some of the methods used by Probation to enforce unpaid child support obligations:
- Contacting the parent’s employer and doing income withholding;
- Parents must attend enforcement hearings;
- Bench warrants;
- Seizure of cash and other cash-equivalent assets in bank accounts;
- Suspended driver’s, occupational, or recreational licenses;
- Stop or interfere with any federal or state tax refunds; and
- Credit bureau reporting.
Although, those actions mentioned above are ways they enforce the payment. The program also helps families that are struggling in the process and provides them with useful services. For instance, they can find absent parents that need to pay for child support. Additionally, they can establish parentage and enforce any orders relating to child support.
When it comes to any court case, there is a responsibility to maintain confidentiality. Similarly, in child support cases, there needs to be privacy protection. For example, none of the child support case-related information cannot be disclosed to any third parties, and this does include family members. There must be written authorization by law or court order to release the information. Confidential information consists of personal details, including address, social security, or income information.
How is a Child Support Order Established in New Jersey?
All states have similar variations of some uniform rules when it comes to establishing child support orders. For example, in New Jersey, the priority of a case is the amount of child support and if health coverage is approved. Each state has its child support guidelines, which are applied to all child support cases. In New Jersey, one of the primary goals of these guidelines is to determine the amount needed to provide adequate care for the child. Healthcare for the child is essential and should be ordered so that the parent’s financial resources can cover it.
Generally, these guidelines depend on the income-share model. In this model, both parents are reviewed. But, if both parents can agree on the child support amount based on the child support guidelines, a Consent Support Agreement is signed to establish it. This can expedite the process and help ensure that the families are satisfied. Furthermore, the court will rule in a way that best serves the child’s interests.
However, if either parent does not agree to the amount, the judge will decide based on the child support guidelines. You may need to attend hearings, and the court will evaluate the facts of the case. The order will include the amount of money needed and how it should be paid. You can contact the local county court in New Jersey.
Each local county government website has self-help portions for family law sections. You can navigate independently and find the necessary documents to file your case. You can file a complaint, and the Family Court will schedule a hearing and notify the relevant parties. Forms are available to download online, and other resources can assist you. However, New Jersey child support lawyers are available to assist when needed.
For the necessary documentation, you need to provide the following information about you and your child:
- Home address;
- Telephone numbers;
- Social Security;
- Information about your income; and
- Birth certificates.
Additionally, the issues of custody and visitation are managed by Family Court. A child support hearing officer may hear your case, or a judge may hear the case and decide the case. All orders are evaluated and signed by a judge. In all situations, both parents are expected to present accurate and up-to-date information so a proper decision can be made.
New Jersey child support lawyers can handle these court proceedings as requested. It can be complicated to navigate through all the information of obtaining child support; therefore, lawyers can assist as needed for clients.
How Do you Terminate Child Support Payments?
A parent may make a motion or an application to declare a child emancipated and end child support. This can occur when the child is no longer “in the sphere of influence” of the parent. Usually, this happens when the child turns the age of 18 and is no longer attending school. However, there is an exception to this if the child is no longer disabled or dependent upon the parents.
Moreover, a parent may claim emancipation if the child is not planning or is no longer in school. Furthermore, if the child leaves the parent’s residence and obtains employment, child support can be terminated. However, it depends on each case; generally, this has been the regulation regarding terms of child support after they reach a certain mature age.
The motion or application to modify the child support amount can be completed if the situation above occurs. But remember that if the remaining children are due for child support payments, that will remain an obligation. The rule above applies only to those children who have passed 18 or are no longer in school.
Furthermore, to request to lower the child support based upon the termination of support, the non-custodial parent must file a motion or application to reduce child support. The court can recalculate the child support guidelines and provide a new set a new child support amount for the remaining children listed in the order. Remember that these applications are for changes in the case but be in a timely filed; otherwise, they may not apply.
How Do I Raise the Child Support Arrears Payments?
If no children remain listed in the order after termination, but child support is still owed, the termination order will be in an arrears-only payment. It is important to note that the payment will still be owed and remains a parent’s financial obligation.
If a new arrears payment is ordered but is less than the amount of arrears owed, then the parent can file for an increase of the child support arrears. Failure to make these payments will result in serious legal consequences. If you have questions regarding requirements, an attorney can assist you with the information and steps you need.
When Do I Need to Contact a Lawyer?
If you live in New Jersey and are having issues with child support, do not hesitate to contact the local New Jersey child support lawyer in your area to assist you with the process. Child support has several components and can get complicated to navigate independently. Seeking out a legal professional in the area will be useful for you. They can guide you through the process and ensure your legal rights are protected.
