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When parents decide to dissolve their marriage, it means that they eliminate each other’s place in their lives and in their homes, but it does not eliminate their responsibilities to their children. A large amount of the attention and energy that goes into the legal process of divorce is dedicated to time spent with children and the financial support that each parent is to provide for them.  Unfortunately, this process is often antagonistic. Many times a parent may have a difficult time seeing that required child support payments are being provided for the care and safety of their kids. Though this may in large part be a result of the child support check being made out to their ex-spouse, their objections don’t matter – they are legally obligated to pay the support that was established in their divorce documents. If you are supposed to be receiving child support payments and the other parent is in arrears, there are specific steps that you need to take. The family law attorneys at Reinherz Law are here to help.

In both the states of New Jersey and Pennsylvania, there is a legal process that is specifically set up to get child support that is in arrears paid. This is called enforcement, and it can include both making sure that support payments are paid and that health insurance coverage is provided and in effect.  The states each have computerized systems in place that monitor the payments, and when they are not made then warrants and stipulation of warrant can be issued. There are also a number of specific tools that each of the state agencies has available to ensure that payments are provided, whether willingly or not. These tools include:

  • Withholding payment directly from the income provided by an employer
  • When a significant amount of child support is in arrears it can be reported to credit agencies, which has a direct impact on their ability to purchase a car, a home, to get a job or to get credit cards
  • Federal and state tax refund offsets are available when a significant amount of child support is owed
  • If a parent is not paying child support and has money in the bank or other assets such as stocks or bonds, these can be seized
  • A parent who is in arrears on child support may find their driver’s license revoked or suspended, or may be denied professional, occupational, sporting or recreational licenses. They may also have a passport application denied if they owe a significant amount of money.
  • If a parent is in arrears on child support payments, warrants can be issued to force them to appear in court or comply with the court order

In addition to each of the remedies that are listed here, parents who are in arrears can be held responsible in civil court. Having an experienced family law attorney working to help you get the child support that is needed for the care and safety of your child is the best tool available to you. Contact the family law attorneys at Reinherz Law to learn more about how we can help.

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