Category Archives: Child Support
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.
Child Support Atlantic County, Child Support Bergen County, Child Support Burlington County, Child Support Camden County, Child Support Cape May County, Child Support Cumberland County, Child Support Essex County, Child Support Gloucester County, Child Support Hudson County, Child Support Hunterdon County, Child Support Mercer County, Child Support Middlesex County, Child Support Monmouth County, Child Support Morris County, Child Support Ocean County, Child Support Passaic County, Child Support Salem County, Child Support Somerset County, Child Support Sussex County, Child Support Union County, Child Support Warren County
If you have child support arrears of $2,500 or more, your passport application can be denied. The New Jersey Child Support Program refers these cases to the Federal Office of Child Support Enforcement (OCSE), which is part of the US Department of Health and Human Services. That agency in turn works with the US State Department to deny passport applications or renewals for anyone who reaches the $2,500 mark. New Jersey has a zero arrears policy, which means that the child support arrears must be paid in full before the passport restriction will be removed.
Reinstate passport that was denied to child support arrears in NJ
If your passport has been denied due to child support arrears in New Jersey, we can help you contest the decision through the NJ Office of Child Support Services. There are a number of arguments that can be made including that the child support arrears never exceeded $2,500 or that the travel is required for employment, a serious medical emergency, or the imminent death of an immediate family member. There are other arguments that can be made as well.
Winning the ability to pay hearing in New Jersey
In New Jersey, if you are arrested on a child support bench warrant, the court will hold an ability to pay hearing. Just like it sounds, the court will determine your ability to pay the arrears that are outstanding. Someone from the probation department will be there to help the court set the amount that is needed for you to be released. This is called a purge. Too many people show up to an ability to pay hearing without an attorney. Unfortunately, some of these people wind up being held over in jail until the next court date. To avoid that, you should hire an attorney to represent you during the ability to pay hearing.
Our NJ child support lawyers will go to court fully prepared to win the hearing. We know the law and the procedures for issuing warrants. We will use the law and these procedures to do everything possible to make sure that you do not go to jail. If you are facing an ability to pay hearing in any court in New Jersey, call our team of tough, smart lawyers to fight for you. Our initial consultations are always free.
If you have a child support warrant in New Jersey, you may live in fear of being arrested every single day. There is simply no reason for this. You can do something about it. There are only certain situations in which a judge can issue a bench warrant in New Jersey. However, judges do sometimes issue warrants that are not proper. As a result, our NJ child support warrant lawyers can help you vacate the warrant against you so you don’t have to live in fear any longer.
When you hire our lawyers for your bench warrant, we will start be reviewing your entire case. Chances are, there may be a number of ways that we can help you. Since we are going to court anyway, we might as well handle all of your issues. Our retainer will likely be the same. We will then formulate a plan to vacate the warrant and assist with all of your other child support issues. This involves filing a motion and our team of tough, smart attorneys file hard hitting motions. Because we know that you want your child support bench warrant removed right away, we will make sure that your motion is filed right away.
To discuss how our NJ child support lawyers can help you remove your bench warrant, call us anytime at 1-855-9-JEFLAW for a free consultation.
As a New Jersey Child Support lawyer, I think I’ve seen it all at this point. Nevertheless, I remain confused as to how are system works. Sometimes it seems like probation buts a warrant out for my client when he/she misses one payment. Other times however, it seems like they won’t do anything to the parent that never makes a payment. Why there is such a disparity from one case to another is unclear but one thing is for certain: your odds of winning your New Jersey child support case increase when you have a lawyer. Collecting your child support arrears is no different.
How to Collect Arrears From A Deadbeat Parent in NJ
Again, I’ve heard it all before. I’ve heard how impossible it is to collect from someone. I’ve heard how he/she hides incomes. I’ve heard how the system doesn’t work for them. Often times, these people tell me that either they don’t have a lawyer or they didn’t have a good one. A lawyer makes the system work for them. Lawyers make the entire system accountable. There are many ways to enforce child support including but not limited to bench warrants. Lawyers can also help you suspend the other parent’s driver’s license and passport. Repeated arrests on bench warrants are a great way to get the other parent’s attention. So are applications for counsel fees. You’d be amazed how often people find money to pay a purge to get out of jail after they have been arrested.
If you want help collecting on your child support arrears, call our team of tough, aggressive New Jersey child support lawyers today to discuss your case.