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I have a child support court order and case number. I’ve Ben…

I have a child...

I have a child support court order and case number. I’ve Ben told that it has been archived because of inactivity. I also understand that there is no statute of limitationa on collecting child support. Can you please offer me some kind of direction or help collecting this! I have all the child support court order and divorce paperwork. I look forward to by back from you. Thank you. Eileen Thoma.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No I have not. I live in Florida and their father lives in New New Jersey. The court order was issued in Monmouth County, NJ. Florida tells me I must go back to NJ.

Lawyer's Assistant: Family law varies by state. What state are you in?

Florida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that I have all the paperwork with all the information. I also have all the communications between the original Attorney’s. One has since passed away.

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Answered in 1 minute by:
5/9/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 968
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

The person who owes the child support, do you know where he lives?

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Customer reply replied 3 months ago
I have his current address
Customer reply replied 3 months ago
I would like to speak with you but am not able to at this time. I can get back to you with a better time. Is that possible?
I will also have to update my credit card. I am to keep this confidential. Thank you.

We can absolutely coordinate a time to speak - that offer is generated by the system and is entirely up to you. I am in the process of preparing a detailed overview for you as well.

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Customer reply replied 3 months ago
I can also send you all the case file i formation or whatever you deem necessary.
Customer reply replied 3 months ago
Thank you!

Excellent.

So in New Jersey - I say New Jersey as that is where the Court Order is issued and that Court continues with jurisdiction - you being the aggrieved party, are entitled to file a "Motion to Enforce Litigant's Rights." This is a supplemental motion you cause to be filed in the Court that issued your decree. The Motion would essentially set out that the other party was under an order to pay, has not paid, and you want the Court to enforce the order an require the other party to pay.

This would be filed with the Court and once it was filed, a copy would need be delivered to the other party. The Court would set a hearing and at that hearing the decision would be made as to how the amount of child support that was outstanding would be paid. The Court can also make the other side pay your fees and costs, your attorneys' fees, if any, and could potentially even incarcerate the other party.

Court's do not like when people ignore and do not follow Court orders, particularly when it comes to child support.

As to filing this, it would be possible for you to do it, but a consideration to ponder would be to retain a New Jersey attorney who could coordinate and file the matter for you and take care of getting it to the other party. The attorney could also attempt to resolve the matter outside of Court.

The reason it would need to be filed in New Jersey is that if Florida the Courts there have no jurisdiction over the other party and could not require them to pay. Not the case in New Jersey.

Please let me know if you have any further questions or if there are more questions based on what I have provided.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 968
Experience: Family Law Attorney in Private Law Firm
Verified
Sean K and 87 other Family Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thank you for your information. I do have one question. I’ve tried reaching out to multiple attorneys in Monmouth County without success. Do you or can you recommend anyone? Or what my next step should be? I’v been working on this for a long time without success. Any help would be greatly appreciated! Thank you Sean
Customer reply replied 3 months ago
Also, should I set up a time to speak on the phone! Would that more effective?

I am happy to speak to you via phone and if you want to do so, all you need is let me know via this dialogue.

As to recommending an attorney, we are not allowed to recommend or endorse any particular attorney, but I can provide some resources for locating one.

When you speak to them, let them know you have a Court ordered child support arrearage and you need assistance filing a Motion to Enforce Litigant's Rights.

You can contact the Monmouth County Bar via their lawyer referral service to be connected to an attorney - link here.

As well, Martindale.org or Lawyers are both online lawyer search sites that allow for free searches based geographic area and practice area.

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Customer reply replied 3 months ago
Thank you Sean. I will let you l know if I feel a phone call is necessary. Have a good day.

Of course.

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