Legal Question in Family Law in New Jersey

If I have an existing child support order, am I able to sue

Im not sure if that makes sense, but here's the deal:

My son is 5 years old. I have had a child support order for the past 4 years. My son and his father have always had a good relationship, regular phone calls, and visiting with his dad every other weekend, but he has never been consistent in paying suport. To be honest, I did not want to injure the relationship my son had with his father, but it is hard to raise this child without some financial help from his father, about 2 months ago, my son's father and I had an argument over the telephone. Since the argument, he has not once tried to contact his son. That being said, he has already injured the relationship with his son, and I would like to try and squeeze some money from him. I do know that he generally works under the table and that he hasn't filed taxes in at least the last four years. He also currently has a bench warrant for his arrest through Domestic Relations for non-payment of support and failure to attend a hearing. I guess what I want to know is, Am I able to take him to civil court for the seven thousand in arrears of child support as well?


Asked on 12/04/08, 1:05 pm

3 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: If I have an existing child support order, am I able to sue

Not civil court, but family court. You really should sit down with an attorey and go over all of this.

Feel free to call me at 732/247/3340 to discuss.

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Answered on 12/04/08, 4:19 pm
Gary Moore Gary Moore Attorney At Law

Re: If I have an existing child support order, am I able to sue

You already have a case under the child support order. What is required is to reduce the support arrearages to a judgment which will act as a lien on any real estate he may acquire or presently own.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 12/04/08, 4:52 pm
Salvatore Principato Salvatore Principato, Attorney at Law

Re: If I have an existing child support order, am I able to sue

Family Court is a civil court and may award a judgment for child support arrears. The judgment, once entered of record, may be collected if he settles a law suit or an estate for inheritance or sells real estate as well as through other means such as having his car or other property sold to collect the judgment once you get it. You use a lawyer or go through family court. You must pay a fee to docket the judgment too.

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Answered on 12/04/08, 5:17 pm


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