Child Support Contempt
In New Jersey, both parents have a responsibility to support their children financially. When parents separate, the non-custodial parent is often required to pay child support to the parent with primary custody. If that child support is not paid, the non-custodial parent may be found in contempt of the court’s order.
Accusations of failure to pay child support and contempt hearings can be extremely emotional. Whether you are the custodial parent seeking child support payments or a parent who has been unable to make regular payments, you may not be sure of where to turn. We can help. Our experienced Jersey City family lawyers understand that child support issues are complicated.
Call Bhatt Law Group today at (201) 798-8000.
Child Support and Contempt in New Jersey
Child support is often established when parents separate. It is meant to cover the needs and expenses of raising a child. Child support is often established according to New Jersey Child Support Guidelines, which consider income and number of children. However, there are exceptions.
A non-custodial parent is required to pay child support monthly. That amount is set according to a court order. If the non-custodial parent fails to pay that child support, they are considered to be in contempt of the court order. When a person is in contempt, they could face an array of legal consequences.
Child Support Court Process
In the event that a parent fails to pay child support, the overdue payments are known as “arrears” and the parent is “in arrears.” An enforcement hearing will give the parent the opportunity to explain why they should not be held in contempt for not paying child support. In most cases, the parent is ordered to pay the full amount of child support in a lump sum or installments.
If a non-custodial parent does not pay child support, the court may impose the following penalties:
- Driver’s license revocation
- Passport denial
- Income withholding
- Tax refund interception
- Seizure of lottery tickets
- Seizure of lottery winnings
If a parent completely disregards a court order demanding payment, a bench warrant may be issued. A nonpaying parent may be arrested at their home or workplace. Once arrested, they will go to the county jail.
Next, an enforcement (ELR) hearing will be held to determine if non-compliance with the child support order has occurred. In some cases, the outcome of the ELR hearing will lead to the incarceration of the parent who has not paid support.
How a Jersey City Child Support Lawyer Can Help
Whether you are the parent who has not received a child support payment from your child’s non-custodial parent or a parent who has not paid child support, it’s important to have a Jersey City child support lawyer from Bhatt Law Group by your side.
If you are the parent who has not received child support, an experienced lawyer can evaluate your situation and ensure that your co-parent is held accountable for their non-compliance. Legal representation can make it possible for your children to receive the money they are owed to live a comfortable lifestyle.
On the other hand, if you are being accused of not paying child support, a Jersey City family lawyer can aggressively represent you during an ELR hearing so that you have a chance at avoiding incarceration. They can also help you file a modification of child support application if you are unable to make your child support payments because of a job loss or other circumstances. A complete review of your finances can be conducted in order to present a strong case for modifying your current child support order.
Contact Bhatt Law Group Today
Bhatt Law Group has years of experience representing parents dealing with child support issues. Regardless of your situation, you need a highly skilled Jersey City child support lawyer from our firm to guide you through the complex family court system and ensure your rights are protected.
Contact us today at (201) 798-8000 for a free, no-obligation consultation.