Do You Know All the Ways that the State Can Collect Your Child Support Arranges in New Jersey?
Familiar with the New Jersey Child Support Improvement Act? (“the Child Support Act”)
The Child Support Act has been in effect since 1998. Among other things, it provides for: (1) enforcement of support orders and arrears by income withholding; (2) garnishment from present and future income and lump sum sources, including federal income tax checks; (3) suspension of drivers, professional or recreational licenses; and (4) the required issuance of arrest warrants for failure to appear in child support hearings and for failure to pay child support in certain instances.
The remedies provided for in the Child Support Act only apply to New Jersey child support obligors who have arrears which equal at least three months of required payments.
If you were scheduled to receive a federal income tax refund—only to find that it was sent to Probation to reduce your New Jersey child support arranges—you may have already learned the hard way about the Child Support Act.
If you have a bank account, you may also have been stung by the Child Support Act, which requires banks to provide information to the State of New Jersey about a delinquent parent’s bank account. The State then has the right to levy on the bank account and freeze it.
The delinquent parent is notified of the levy and can attempt to contest it. However, that attempt is rarely successful.
In the recent case of Maheen v. NJ Department of Human Services, a father’s bank account was frozen because he owed child support arranges of $45,820.85. The New Jersey Family Court had previously suspended the father’s future child support obligation, after he was incarcerated, and he was still incarcerated when the bank account was frozen.
The basis for the father’s dispute of the levy was that he intended to use the money for his basic necessities after he was released from prison, and that he would suffer extreme hardship if the levy was not lifted. The Appellate Division of the New Jersey Superior Court concluded that the father had not met his burden to show that hardship, because his release date from prison and his financial circumstances at that time were not known.
Salvaggio Law Group LLC devotes its entire practice to New Jersey Divorce and Family Law matters, including issues relating to child support.
If you want to talk, please call us at (973) 455-1220 or fill out the Contact Form on our website.