If you separated from your child’s other parent, you undoubtedly had to appear in court to determine your custody situation and child support payment plan. As the non-custodial parent who is with the child less than fifty percent of the time, you probably send monthly payments to the custodial parent to contribute to your child’s expenses. If you can no longer afford to pay child support for whatever reason, you will want to act quickly. Contact a Union County child support attorney for more information and legal advice.
What Steps Should I Take?
The first thing you will want to do after you realize that you cannot afford your child support payments anymore is to reach out to your attorney. Your lawyer will have experience with child support law and understand the best course of action for you and your specific situation.
With the help of your lawyer, you can contact the child support program office in New Jersey or the state where the child support order was issued. You and your attorney will contact the court and your child’s other parent to discuss your options. It is important to be honest and forthcoming about your situation and request a modification.
What is a Child Support Modification?
A child support modification is an alteration of the child support agreement that was previously decided. It is not extremely common, but a court may grant a modification due to certain circumstances. It is understandable that sometimes things change and what you were once able to afford may be impossible now. The following are generally valid reasons to request a modification.
- The paying parent loses their job
- The paying parent takes a paycut or demotion against their will
- The paying parent develops a medical condition that forces them to leave their job or focus their finances elsewhere
- The paying parent has new financial responsibilities
A modification, if granted, can lower the amount of money you are required to pay, decrease the frequency of your payments, adjust the custody agreement, etc. Every family is different so there is not one solution that will work best for everyone. A court will evaluate your new financial status and determine whether or not to grant a modification. Keep in mind that under New Jersey child support guidelines, all child support orders may be subject to a cost of living adjustment every two years.
What Are the Penalties for Not Paying Child Support in New Jersey?
By failing to pay child support on time, you are subjecting yourself to a slew of serious penalties. Child support agreements are court ordered so to neglect to follow it could put you in contempt of court. For the first few times that you miss a payment, are late, or do not pay the amount in full, you will begin to accumulate additional fines. Past that you can face the following consequences:
- Additional fines
- Garnished wages
- Suspension of driver’s license
- Revoking of passport
- Criminal penalties/warrants
- Liens on personal property including pensions and safety deposit boxes
- Debts reported to credit agencies
- Jail time
