I was granted a divorce almost 5 yrs. ago due to domestic violence. My exhusband refused to work until recently. We have 3 children, he is remarried with a child. He is $59K behind in support. I haved asked the court to remove alimony just so he would pay child support. It's about the kids not me. I received support through UIB for 2 yrs. It helped alot with the kids. Now, he's working and nothing..In the past, I've written to the courts so he won't get arrested (b/c he told the kids "mommy wants me to go to jail".).I am afraid he will not take care of his children financially just to spite me..what recourse do I have? Or, have I hurt myself because I told the courts I don't want him to get arrested? I have appeared with him at every hearing but now, I don't want to
How can I collect or how can the judge enforce the payment of arrears if my ex doesn't have any assets?
You should not allow that amount of arrears to remain uncollected so you need to ask a judge to do so. Alimony is for a different purpose than child support, though.
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Under New Jersey Court Rule 5:3-7(b), whenever a party fails to pay child support or alimony, the court can proceed by:
(1) fixing the amount of arrearages and entering a judgment upon which interest accrues;
(2) requiring payment of arrearages on a periodic basis;
(3) suspension of an occupational license or driver's license consistent with law;
(4) economic sanctions;
(5) participation by the party in violation of the order in an approved community service program;
(6) incarceration, with or without work release;
(7) issuance of a warrant to be executed upon the further violation of the judgment or order; and
(8) any other appropriate equitable remedy.
A family can help you prepare the appropriate motion, using these various provisions above, in order to assist you in collecting arrears. It may not be a fast process, if he has no tangible assets, but you should develop a plan of action with your attorney -- and stick to it.
If we can help you, please feel free to call us or visit us at our Iselin office.
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Mark S. Guralnick, Esq.
Your being kind to him is doing NOTHING for your children. Alimony and child support are two very different issues. The ONLY and I mean ONLY way you will ever get a dime from your ex is to file a motion to enforce litigants rights and include a petition to have the ex incarcerated. If you cannot afford a lawyer, get pro se papers from family court. If you can afford a lawyer, use the attorney to prepare you properly for confronting the ex while in court.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:
Hiring a lawyer helpful; Is it Legal? Is it Illegal?
Understanding the different court systems;
A guide to legal terms used in litigation…………………………………l.
New York business law and real estate matters
New York City: A Guide to the Courts
Divorce in General and How It's Handled in New Jersey
Financial Dos and Don'ts after a Divorce (written by Attorney Gabriel Cheong)
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
Family Law Attorney
I just wanted to add my two cents-even though there are no more "points" available for answers. If you did not do so originally, you can ask Probation to collect the outstanding child support, in conjunction with the other remedies outlined above. Probation has the ability to intercept tax refunds, and can set up wage garnishments directly with employers; among other enforcement techniques.
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NOTE: This answer is made is for advisory and/or educational purposes only. By using or participating in this site, or posting a question and obtaining an answer, you understand that no attorney-client relationship is being established between you and the answering attorney, and there is no attorney-client privilege between you and the attorney. You should consult with a licensed professional attorney in your state. The law changes frequently and varies from state to state. The information provided in this answer is designed to be general in nature and is based on the facts stated in your question, and might change based on further information.