Legal Question in Family Law in New Jersey

child support owed and consequences

if a person owes $15,000 is back child support but only has $7000 what can happen to them? is there a way to keep that person out of jail? what if the person lives in a different state than where the case was issued? can anything happen?


Asked on 1/31/08, 6:53 pm

3 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: child support owed and consequences

The worst consequence is that the person who owes the money could go to jail. From a practical standpoint, he would only go to jail if the Court were to find that the person had the ability to pay and was not paying. It seems to me that the best way to handle it would be to get all of the financial information together, to show how much he could pay, and then file a Motion to ask the Court to set a reasonable repayment plan, based on the amount that the person can afford to pay. The chances of success would depend on how convincing the person would be and what the financial information shows.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with a Family Law attorney. I would be happy to discuss this matter with you if you would call me. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner

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Answered on 1/31/08, 6:55 pm
Gary Moore Gary Moore Attorney At Law

Re: child support owed and consequences

Usually, where one pays a substantial portion of child support arrears that is regarded as being substantial compliance and that person is normally

allowed to catch up by paying some in addition to the required weekly child support.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Hackensack, New Jersey

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Answered on 1/31/08, 9:51 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: child support owed and consequences

Yes, you can work something out, but it is not always that easy. I suggest you pick up the phone and actually call an attorney. A lot depends on where the case is.

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Answered on 1/31/08, 10:33 pm


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