Author Archives: Jef Henninger, Esq.
Interstate Child Support Payments
When a supporting parent moves across state lines and ceases making or attempts to avoid payment of a child support obligation, he or she may be subject to federal prosecution. The federal Uniform Interstate Family Support Act or (UIFSA) specifies that New Jersey child support obligations can be enforced even if the supporting parent has moved or resides in a state other than New Jersey.
The (UIFSA) act requires employers in all states to comply with the income withholding orders of other states. The act also establishes limits on changes to a support order. The (UIFSA) law protects the supporting parent by limiting support orders in effect to a single jurisdiction.
Whenever more than one state is involved in the establishing, enforcing or modifying of a child support order, the (UIFSA) act is implemented to determine the jurisdiction and power of the courts in the different states.
Child support cases may also involve supporting parents that have relocated to other countries. The State of New Jersey currently has reciprocal child support agreements with 15 other countries.
Child Support Modifications
Attempting to lower or eliminate child support payments can not be accomplished by simply moving out of state. The only way to legally lower or eliminate child support payments is through the filing of a motion asking the court to modify support or to terminate an existing support agreement.
The success of a child support motion is totally dependent on presenting a compelling reason for a change to the existing support order. Job loss due to a disability or a dramatic change in income by either parent are several valid arguments for a change in financial support.
How Can I Get My Child Support Lowered FAQ’s
* How do I collect child support if supporting parent moves out of state?
* Can a supporting parent be jailed in New Jersey for not paying child support?
* Which state controls child support if parents reside in different states?
* Do I need a Lawyer when attempting to modify my child support?
New Jersey Interstate Child Support Lawyers 855-953-3529
Child Support Enforcement
If you have an order for child support payments and the supporting parent is not making those payments or has ceased making timely and complete payments, a variety of enforcement methods can be utilized to ensure support will be paid. On the other hand if you are a supporting parent that is using child support payments as leverage against the custodial parent, you are going about things in the wrong way and support payments will become legally enforced through whatever means are at the disposal of the legal system.
In New Jersey each county has a Child Support Agency that will institute various child support collection processes once late, insufficient or non-payment of child support has been documented. The process of collecting child support payments or enforcement of a support order also applies to past due support as well as health care costs and other payment obligations designated in a support order.
Legally eliminating child support or reducing the monthly support obligation can only be done through a motion to the court or at age 19. A successful motion requires an extraordinary burden of proof to support the motion. The loss of incoming earning capabilities due to a long term health disability or a reduction in income due to the loss of a unique employment situation are examples of legitimate arguments in a child support appeal.
Court Ordered Child Support Enforcement
Child support payments in New Jersey are computerized with tracking and accounting across a broad range of public services and government functions. Non payment of court ordered child support can result in a denial of services and extensive collection processes, some of which are outlined below.
Employer Income Withholding for Child Support
Legal enforcement of child support usually starts with the garnishment of a paycheck. If the non-custodial parent has regular employment, notice is sent to the employer specifying the amount to be withheld as payment to the custodial parent.
Forfeiture of Tax Refunds for Child Support Arrears
If the amount of unpaid child support arrears is more than $150. in cases involving public assistance, tax refunds may be confiscated as a form of payment. In cases not involving public assistance the amount of arrears must exceed $500. to initiate federal or state tax refund forfeiture.
Financial Asset Seizure for Non-Payment of Child Support
All financial assets are at risk for supporting parents not making court ordered child support payments on time and in the correct amounts. Stock, bonds and bank accounts may be confiscated by court order if payment arrears reach significant amounts.
Suspension of New Jersey Driver’s License for Failure to Pay Child Support
If court ordered child support payments have not been made for more than six months the licensing agency may suspend any licenses through court order. This includes any professional, occupational or recreational licenses that a supporting parent may hold or be applying for. Once a payment plan has been established and regular payment have been made, then this type of suspension may be lifted.
Denial of a Passport Application for Non-Payment of Child Support
An application for a passport may be denied if child support arrears of $2,500 or greater are owed by the applicant. New Jersey Child Support Services refers cases to the Federal Office of Child Support Enforcement for enforcement of the passport application denial.
Warrant Issued for Non Payment of Child Support
A warrant may be issued in a child support case if the non-custodial parent fails to appear for a court date or does not comply with court ordered child support payments. An arrest as the result of failure to appear may lead to jail time.
The Law Offices of Jef Henninger are available 24/7 to assist with child support appeals. We offer all new clients a free initial consultation with an experienced Child Support Attorney, call 855-953-3529.
Court Order for Child Support in NJ
The court issues a child support order after a complaint has been filed. The child support order establishes the conditions and dollar amount of financial support. In New Jersey there are Supreme Court guidelines based on a basic mathematical formula for determining the exact amount of support. The guidelines take into account the incomes of both parents, health care and several other variables to set the support amount.
Steps In Calculating Child Support In New Jersey
- Establishing the income of both the custodial and non-custodial parents
- Dividing the total support amount according to income percentages
- Parenting time adjustments to support contributions
- Deductions and additions for special situations
- Finalization of Support Order
Issues such as child visitation and child custody are handled by the Family Court system in the state of New Jersey.
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Verifying Paternity and Child Support Obligations in New Jersey
It’s not uncommon to find out that child support is being paid or pursued from a man that is not the biological father of the child in question. Establishing paternity is the most basic ingredient in the child support discussion. When a New Jersey couple is married and the father is present at the child’s birth and signs the birth certificate, he is giving his confirmation of paternity. If the couple is not married, or the father is not present paternity must be established. This is that basis of ensuring that both parents are committing to support their child emotionally and also financially. This is also an important step when attempting to later on collect child support or enforce a support order.
If the paternal father has never voluntarily stepped up to support his child, paternity must be established. Before a court can order child support payments paternity must be established by the voluntary signing of a Certificate of Parentage or if necessary court ordered genetic testing must be performed.
Paternity must be established before the following steps can be taken to ensure the well being of the child.
- Possible Sources for Child’s Health Insurance
- Medical History of Paternal Father
- Benefits Such as Pension / Social Security
- Legacy Family Connections Beyond Father
New Jersey Paternity Verification Options
New Jersey’s Paternity Opportunity Program requires hospitals to provide unmarried parents with the opportunity to acknowledge paternity voluntarily at the time of birth. (LINK – New Jersey POP) http://www.nj-paternity.com/
New Jersey DNA Testing for paternity has come a long way over the past decade. Genetic testing for paternity can now be performed with just a small amount of saliva from both parents and the child.
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