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MEETING OPTIONS DURING THE CORONAVIRUS: The Law Offices of Peter Van Aulen understands your concerns regarding the spread of the Coronavirus, and now offers different meeting options to our clients and those seeking legal representation. All meetings, including initial consultations, can be handled either through the phone, FaceTime, Zoom, or in person.

Overview of Dealing with Nonpayment of Child Support in New Jersey

The state of New Jersey has what fairly can be called something of a zero-tolerance policy towards the nonpayment of child support. This act is considered a serious legal violation and is not taken lightly under the law. The state has a set of established legal consequences for non-compliance, which may include court hearings, legal penalties, and even potential criminal charges.

Sanctions for Nonpayment of Child Support

If a parent fails to meet their obligation of paying child support in New Jersey, they could be subject to stringent punitive measures. These consequences are designed to ensure compliance and may include financial penalties in the form of fines or wage garnishment. In wage garnishment, a portion of the delinquent parent's earnings is withheld and redirected to the custodial parent. In more severe cases, the non-compliant parent may even face some jail time.

Tracking and Dealing with Noncompliant Parents and Nonpayment of Child Support

The New Jersey child support program is a robust state-run initiative that is dedicated to ensuring that children receive the financial support they are legally entitled to. This program plays a crucial role in enforcing child support orders, tracking non-compliant parents, and facilitating the collection and distribution of child support funds. It is designed to work effectively in securing the child's best interests.

Determination of a Child Support Obligation in New Jersey

The determination of child support payments in New Jersey is a systematic process that takes into account several factors. It is not an arbitrary decision. The amount a parent is required to pay is calculated based on both parents' incomes, the number of children involved, and other relevant factors such as medical expenses, and daycare costs.

Change in Financial Circumstances and Child Support Modification

Recognizing that financial circumstances may change, New Jersey law allows for modifications to the child support order. In the event of a significant shift in a parent's financial situation, such as job loss or a substantial decrease in income, the parent has the right to apply to the court for a modification of the child support order. This provision ensures that the payment amount can be adjusted to reflect the new financial circumstances, providing some relief to the affected parent.

Assistance from the New Jersey Department of Human Services Office of Child Support Services

Parents who are owed child support in New Jersey are not left without recourse. They can seek assistance from the Office of Child Support Services, a state agency specifically dedicated to enforcing child support orders and ensuring that children receive the support they are owed. This agency provides invaluable services to custodial parents who may struggle to receive payments on their own.

To ensure compliance with child support orders, the state of New Jersey has various enforcement tools at its disposal. These measures may include intercepting tax refunds of non-compliant parents, suspending their driver's licenses, or taking other enforcement actions designed to compel payment of child support. These are all measures taken to ensure the child's needs are met.

Importance of Legal Assistance to Address Nonpayment of Child Support

Given these potential consequences, it's crucial for parents who are struggling to make their child support payments to seek professional legal advice. Rather than simply stopping payments, which can lead to serious consequences, parents should consult with a legal professional to explore their options and protect their rights. This could include negotiating a modification of the payment amount or finding other ways to comply with the child support order. A New Jersey child support lawyer can explain the process of enforcing a child support order. Oftentimes, you can arrange an initial consultation at no cost.

Child Support: Right of the Child

Lastly, it's important to remember that child support is not a discretionary matter in New Jersey. It is considered a right of the child. It is not a favor or a gift bestowed by one parent to another, but a legal obligation of parents to provide financial support for their children's well-being and development. This commitment to the child's welfare underscores the state's focus on protecting the best interests of the child. If you have any questions concerning child support, call (201) 845-7400 for a free consultation.


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Peter Van Aulen handled my case with great diligence and integrity. He is also a compassionate individual who realizes what a difficult time divorce can be emotionally. Peter works hard and doesn't take any shortcuts in preparing for a case… I highly recommend Mr. Van Aulen and his staff. Chuck Solomon
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