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LegalPro
LegalPro, Lawyer
Category: Family Law
Satisfied Customers: 589
Experience:  33 years experience in domestic relations and family law practice.
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The cout ordered to set up a probationa account for child support

Resolved Question:

The cout ordered to set up a probationa account for child support and we did not receive the order at the same time of court day ( Nov 17), but rather sometimes later (I actually got the order in mail on Dec 2nd).

My ex has been refusing to pay any child support since Sept( while he forced me to leave my son with him as the primary custody) and afterwards ( after Nov 17 when the court ordered to give me back my son's custody), claiming that he is waiting for the probation account to set up.

My question is: What should I do to have him to continue the child support payment?

When the account is set up, is he responsible to pay any amount that he has missed?

Thanks
Submitted: 2 years ago.
Category: Family Law
Expert:  LegalPro replied 2 years ago.
He is responsible for all support payments from the date that the court ordered them to commence. It would not matter as to the date the order copy was received, but rather what the order says with respect to the payment commencement date. If he has failed to make any payments from the date the court ordered their commencement, such payments would accumulate as an arrearage which can be collected through a number of means. As to getting him to comply with making the court-ordered payments, I am looking at New Jersey law that appears to specify the following:
Can child support be taken out of the obligor's pay check?

Yes. As of 1990, State law requires that child support be paid through income withholding of any new or modified child support order. However, the obligor is always responsible for making sure the money gets paid even when payments are not withheld. If the income withholding payments don't cover the full amount of the order, the obligor is responsible for sending the difference to Probation.

Of course if your ex does not have a regular withholding employer, the payroll deduction for support may not apply. You can still have the support order enforced through such procedures as a motion to hold him in contempt of court for failing to make payments.
Customer: replied 2 years ago.

Thanks for the reply.

 

But my case is a little bit complicated.

We were divorced in April and I moved out the house at the end of May. The court ordered him to pay starting June and so he did. In June and July, I took my son out of country and in August, my son stayed with my ex.


Then in Sept, due to the fact that I am waiting for my house to close when I temporarily stayed at a friend's house and I cannot let my ex to agree to send my son to a daycare near my friend's place, I made the compromise and agreed to let my ex be the primary custody and let him waive the child support for that month (only for Sept). I expected things will go back to normal in Oct when I closed on my house.


However, during the time when I wait for the house closing ( in Sept), my ex filed a motion trying to change the custody agreement. Due to the status quo as suggested by my attorney, I have to let my ex keep the custody as we temporarily arranged. He then stopped paying any child support since then without my agreement.

 

 

On Nov 17, the court finanlly ordered to give me back my child's custody. But he still has not paid any child support, claiming that he is waiting for the probation account to set up.


So the question is: is he responsible for the child support since Oct or just after Nov 17 ( when the actualy custody is tranfered)?

 

 

Expert:  LegalPro replied 2 years ago.
In my opinion, he owes for any dates within which the support order specifies. If he feels he should be excused of any obligation during a period within which he had temporary custody, it is actually his responsibility to move the court to relieve him of that obligation. If the court orders support payments to commence and the support order is not contingent upon the probation account being established, the payments should commence on the date specified irregardless of the probation account establishment date.
Customer: replied 2 years ago.
So, basically, does this mean that he is still responsible for the child support for Oct and early Nov, even though he was actually the primary custodian parent during that period?

But I did not agree with this, he actually forced me to do that by maintianing status quo.

Another related question, once the probation account is set up, is it possible to collect any of the previous child suport he passed due or I have to file a motion to collect that?
Expert:  LegalPro replied 2 years ago.
If the court ordered him as the primary custodian for the period you describe, the order may also relieve the support obligation for that time period whether or not it specifically mentions the relief. If there was no order making him the official primary custodian, the burden would rest upon him to have the support relieved for that time period. One simple way to resolve this is for you to file a motion to establish an arrearage whereupon the court will hold a hearing and establish the exact amount that he owes as of that date. Once an arrearage is established, it may be collected either by court ordered payments with contempt enforcement, or as any judgment by attachment or garnishment. The following site may provide more information on support arrearage and collection: http://www.divorcenet.com/states/new_jersey/child_support_arrearages#b
Customer: replied 2 years ago.

the court did not order him to be the primary custodian parent during this temporary period. I basiclaly agreed to let him be the primary custodian parent and waived the child support for Sept. Then in Oct, it is because he filed a motion in Sept, I needed to maintain status quo as my attorney suggsted and so let him keep being the custodian parent ( The court never ordered that).

 

He did in his motion asking to be relieved from child support during this temporary period, but the court just said "moot". I am not quite sure what that means.

 

Do i really have to file a motion to collect the money he owes? Is there a simple way of doing this? I am so tired of motions and motions and it is very costly.

 

 

 

 

Expert:  LegalPro replied 2 years ago.
Moot generally means no longer a viable issue. Unless the parties can agree on an amount of arrearage and have it entered into an agreed order, a motion to establish arrearage is probably the most efficient means of determining precisely what is owed, and also provide you with an effective means to collect.
Customer: replied 2 years ago.

so, if the court said it is no longer a viable issue, does that automaticlly relieve him from the child support oligbation in Oct and early Nov? Or does it mean that he still owes the child support for that period?

 

 

Expert:  LegalPro replied 2 years ago.
He would owe support for any period consistent with the court's orders unless through his motion, he had or has his support obligation revised. That is why a motion to establish the arrearage is such a necessary procedure. Apparently it is difficult or impossible to interpret the orders as they are entered so as to establish the precise of support now owed. The court needs to clarify that. Such procedure should not be excessively complex.
Customer: replied 2 years ago.

So, basically, because the court is not clear about this issue, we can interpret anyway we want? He will be not held responsible if he did not pay?

 

I am just trying to figure out what is the possibility that I could win in this case. You know the motion is costly and it might cost me more than what I can collect as child support. Plus, it has so much trouble of doing this.

Expert:  LegalPro replied 2 years ago.
If you would go over copies of court orders and your payment records with your attorney, you may be able to reach a fair assessment of what you are owed in child support. That would allow you to evaluate your likelihood of recovery against the cost of filing the motion. Then you would have a better idea of whether or how to proceed.
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Category: Family Law
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Experience: 33 years experience in domestic relations and family law practice.
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