Probation officer stated little can be done to get money from a NCP that chooses "under the table" or temporary jobs; stating that temp jobs can not be garnished. Is this true? Also, he said that they would send a delinquency letter and if NCP pays anything, nothing would happen. If he doesn't, then a warrant would be issued. Is the NCP informed when a warrant is issued and is it "void" if he doesn't receive it, etc, as in court appearances? Also, are Hearing Officers similar to judges in that when they say if a certain payment isn't made, a warrant will be issued, it will, or is it up to the probation department to send letter first? (A HO ordered a $500 payment 3.5 months ago, it wasn't made, and nothing was done. Typical?) The probation officer painted a very bleak picture.
Yeah, it can be very frustrating and time consuming to get money from people when they work off the books. You can, however, file a motion seeking to reduce the amount of arrears to judgment, docket the judgment in Trenton, and have a collections attorney go after his bank accounts and things like that, if the amount is enough. Of course, they will take a percentage as a fee, but sometimes something is better than nothing. If they say they will issue a warrant, they will do so in general. As far as notice to him is concerned, I am genuinely not aware as to whether or not the non-paying party is made aware of the warrant until they are arrested for it but I do not think that they are told about it in advance. Filing and requesting that a warrant be issued and asking for the amount to be reduced for judgment would be things to consider. Hope this helps.
You can seek suspension of drivers licenses, etc, later on if the other side does not pay.
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I agree with the attorneys above that it is often difficult to collect child support arrears from someone who is only working temp jobs or receives income under the table. A NCP is not normally informed when a warrant is issued, but every county operates a little differently. The warrant will stay active until he is picked up or the court rescinds it. I have had clients who have had active warrants out against them that were issued years before. A hearing officer does have the ability to enforce a child support order.
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A probation officer has no authority to issue a warrant. After an enforcement hearing or a review of the file if there is nonpayment the probation officer recommends certain courses of action including a request that a warrant issue. The Judge will have to sign the warrant. At that time it is active and law enforcement may seek to actively enforce the warrant, or it may be executed if for other reason the NCP comes into court, or is stopped by law enforcement. The picture for the issuance of a warrant is not bleak. However, it is difficult for the court to enforce payment unless it has a full ability to pay hearing and the court finds he can pay. The court may not keep the NCP incarcerated if he does not have the ability to pay, and there is not evidence to the contrary.
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