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Child support enforcement, warrants and judgments in family law

On Behalf of | Nov 21, 2019 | Family Law |

Family law issues can lead to contentious disputes in New Jersey.

One of the most complicated and problematic aspects of these cases is if a supporting parent fails to pay the required amount of child support to a custodial parent or fails to pay it when it is due.

If there is an order of child support, it is essential that it be paid so the child can be properly cared for. After various steps, intercepting tax refunds, seizing assets, a license suspension and others, have failed in getting the non-custodial parent to pay, the court can enforce it in other ways. Understanding the methods used is important for both parties.

Court enforcement is sometimes required to get the payments. With that, there can be a Family Court hearing. During the hearing, the court will determine how to proceed if the parent owes child support. The court can order a parent be arrested if the payments are not made; order immediate payment of delinquent support in part or in full; or it can order a certain amount along with what is currently owed.

If the non-custodial parent does not appear for the court date or fails to comply with the order, there can be a warrant. This is not a criminal warrant, but a civil one. The goal is to get the parent to make the payments as owed. Still, a parent can be arrested for not making the payments and could be incarcerated.

Judgments are also entered when the child support is not paid. This is done automatically by a computer system. The person owing the judgment will not be able to sell or transfer real estate and certain other property until the child support is paid and up to date.

When there is a child support order, the best-case scenario is for the non-custodial parent to make the payments as he or she is supposed to. Unfortunately, that does not always happen and it is necessary to take a variety of steps to get those payments. For assistance in this vital aspect of family law, it might be beneficial to have legal advice. A family law attorney experienced in child support cases may be able to help.

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