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How is the child support arrears purge amount calculated?

Freehold, NJ |

M current boyfriend is behind quite a bit on his child support ($27,000) in Monmouth County New Jersey and wants to start to take care of the past, so to speak, however knows he will be arrested when he goes in to handle the issue. If he is arrested, is there a standard percentage that the court determines the purge amount? He does not have the entire amount of the arrears, Is he able to pay the purge amount without being arrested or must he see a judge first? Is it possible that in light of paying the purge amount that he could still face jail time?

Attorney Answers 4

Posted

it varies from state to state and to judge to judge, a good faith payment will alwyas help. take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

I suggest your boyfriend consult with an experienced family attorney to assist him with his questions. It is unlikely that he will have his outstanding arrears "purged" as you suggest, but he may be able to lower his child support so that his arrears don't continue to accrue at such an alarming rate. He will need to file a Motion to allow him to make payments towards the outstanding arrears and get any arrest warrants on him for non-payment. If he can make a payment towards the outstanding arrears, he has a good change of being able to stay out of jail.
The sooner he acts, the better he will be. If he continues to be in arrears without taking action, he could be picked up in a sweep of deadbeat parents.

This answer is being made for informational purposes only. It does not constitute legal advice. By responding to a question, no attorney-client relationship has been established.

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Posted

Agreeing with the above, waiting only makes it worse with child support. Your boyfriend may wish to file a motion to reduce either his support obligation or the amount being taken from him to pay his arrears--if any--sooner rather than later. In either case, he will want to make arrangements to make payments towards his arrears if he is not already doing so. He may even be able to work with the mother of the children to draft and file a Consent Order regarding the matter. Above all, he is going to want to consult with counsel, due to the large amount of arrears and the possible negative impact an arrest may have on his employment and other aspects of his life.

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Posted

I also recommend that you consult with an attorney. When there are outstanding bench warrants due to support arrears some people elect to turn themselves in the Monmouth County Sheriff and can appear before a judge and be release with partial payment. There are other remedies available to address someone who is unable to pay such as a stay of enforcement. Again, I suggest you consult with an attorney as to the specifics of this case and what options are available.

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