What Can I Do If My Ex Isn't
Paying Their Child Support?
April 11, 2022
Child support agreements are usually established during a divorce or legal separation to cater to the day-to-day living expenses of the children living with single parents. Unfortunately, some parents fail to provide financial support to their children or pay court-ordered child support after the marriage dissolution. In a situation like this, enforcing child support payments may be necessary. A knowledgeable New Jersey family law attorney can enlighten you about your options regarding child support enforcement and help you navigate crucial decisions.
At Schwartz, Hanna, Olsen, & Taus, P.C., we're committed to offering experienced legal counsel and reliable representation to clients in divorce and child support enforcement-related matters. Our trusted attorneys are available to discuss your unique circumstances and help you understand your rights and options to enforce child support. Also, we will walk you through the legal steps to enforce the child support order and attempt to recover past-due support payments from your ex-partner.
If you're located in the New Jersey areas of Middlesex, Passaic, Somerset, Morris, Essex, and Bergen counties, or anywhere else in the state, contact us today for a simple consultation.
A contempt motion can be described as a motion filed in family court when one parent in a divorce fails to follow or obey the court order. The purpose of the contempt motion is to force the non-compliant parent to comply with the terms of the court order. Also, a hearing will be held where the defaulting parent will be required to explain why they're disobeying the court order.
The Process for Contempt
If a parent believes that the other parent is in contempt, they can file a motion in the existing case where the court judgment was entered. Upon filing the motion, the judge will instruct the non-compliant parent to appear in court and explain why they shouldn't be held in contempt.
The filing parent must show that the other parent has deliberately violated the court order. The non-compliant parent may have to dispute the accusations by showing that they're not in contempt. A court hearing will be scheduled where the judge will allow both parties to present their case and decide whether the alleged parent is in contempt or not.
If the court finds the delinquent parent in contempt, different sanctions may be imposed on them. The court will order the non-compliant parent to pay the money owed in child support, as well as the other parent's attorney's fees. Depending on the surrounding circumstances, additional fines, community service, and jail time may be ordered.
Paying Past-Due Support
The New Jersey family court can order the non-compliant parent to pay the overdue support in addition to the regular monthly support amount and with interest. A skilled attorney can help petition a motion to enforce the child support order and make sure your ex-spouse pays the required amount.
How an Experienced Attorney Can Help
Under New Jersey law, divorced or legally separated parents have the legal obligation to support their children financially. Surprisingly, many parents are non-compliant with court-ordered child support payments. If you're trying to enforce a child support order, it is important that you speak with a knowledgeable child support attorney for detailed guidance and to protect your child support rights.
At Schwartz, Hanna, Olsen, & Taus, P.C., our attorneys have the diligence and expertise to guide parents through the complexities of child support enforcement. As your legal counsel, we will evaluate all the surrounding facts of your case and decide the right way to enforce the existing child support order. Also, I will help file a contempt motion, seek the court to enforce the child support judgment, and recover any past-due support payments.
If you're located in the New Jersey areas of Middlesex, Passaic, Somerset, Morris, Essex, and Bergen counties, or anywhere else in the state, contact us today for a simple consultation. Our trusted team can offer you the highly-personalized legal counsel and reliable advocacy you need to navigate intelligent decisions. Call us today to speak with skilled divorce attorneys.