My husband has full custody of 2 kids (11 &7) since their births. For 10 yrs the biological mom has been playing the system and barely pays child support to the point where she owes 10k in arrears, while being allowed to visit w/the kids as per NJ law on sched. days. For 10 yrs there has been a clear pattern; she pays for a month or 2, stops, has a hearing, then eventually pays again. Before her hearings, she quits her job (but will work off books) and will be given time off from paying to either find a job or provide proof of y she cant work, & usually has to provide a job search list. Because she paid 0$ in 11/2018, a warrant was issued and she turned herself by Dec. where she claimed she was fired from her job & was found indigent. She had court again 1/25/19 where she stated she was still unemployed and paid nothing. No proof of a job search was requested. Beginning 4/1/19 she will be asked to make regular payments again or another warrant will be issued. She wont have to pay, again, Jan-March. Should our attorneys file a motion against the judges decision? file a civil lawsuit bc hes a man? we don't know what to do, nothing is working & we feel failed by our legal system
Unfortunately, this is a common situation and there is no quick or easy fix. Filing a motion will cost thousands, and it will likely take you years to re-coup that based upon what you presented. Whether she pays child support or not is separate and apart from parenting time. In other words, she can still see the kids despite not paying child support. When she is working, her wages will be garnished. If she is entitled to a tax refund, that will be intercepted to satisfy some (or all) of the arrears. Sorry that my answer doesn't give you much hope, but I am just being practical. Best of luck.
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
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