How do I collect on child support arrearage of more than $11,000 in the state of NJ.

He stopped paying in 2009 and told the judge he was on TANF and had also applied for ssi or ssd . In 2010 case went back to court and again ssi/ssd application was still an issue. To date he has continued to have more children with the last one being born 2 weeks ago. I'm married and my hubby helps me to take care of my oldest as well as the son we had together. Not bothered by my son's father's sad lifestyle, but my son will be graduating from high school next year and it would be great if his father would contribute financially. I've been quite patient waiting almost 4 years on his alleged ssi/ssd application approval. What are our rights because he clearly is getting away from this responsibility while creating others?

Hackensack, NJ -

Attorney Answers (2)

Anthony J Van Zwaren

Anthony J Van Zwaren

Child Abuse Lawyer - Clifton, NJ

If he obtains SSD, I believe he would be immune from further child support payments although not necessarily for arrearages. SSI I think is treated differently because that is not necessarily a permanent program as SSD is. Probation can act on your behalf if the father was to be making payments through probation. You don't mention whether payments were to be deducted through probation (for instance through wage garnishment or other means). The solution might be to file a motion to enforce litigant's rights that might compel payment on pain of losing a license to drive, a professional license if he has one, or other types of sanctions, or jail.

DISCLAIMER: This communication does not create an attorney-client relationship and is not legal advice unless you... more
Benjamin G Kelsen

Benjamin G Kelsen

Criminal Defense Attorney - Teaneck, NJ

When the parents of children live apart, the court often orders the parent without custody (the non-custodial parent) to pay child support to the parent who lives with and cares for the child (the custodial parent). Payments must be made on a regular basis, such as every two weeks or every month. When a non-custodial parent fails to pay child support for two weeks, or when the unpaid amount equals the amount that should have been paid for two weeks, the Probation Division of the Superior Court (Probation) is required by law to take action to help the custodial parent get the child support owed.

To do this, Probation first files with the court a statement of facts that describes how the non-custodial parent is disobeying the court’s order for child support. Next, Probation chooses to file either a complaint for contempt or an application called a motion in aid of litigant’s rights, or both.

Probation rarely files a complaint for contempt against a non-custodial parent who owes outstanding child support. More commonly, Probation or the custodial parent will file a motion in aid of litigant’s rights in order to force the non-custodial parent to pay the child support owed.


Related Advice

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.