Legal Question in Family Law in New Jersey
Non Payment of Support
I have sole custody of my 2 kids. My husband has court visitations scheduled all day Saturdays and Wednesday nights. He has suddenly stopped his support checks for 4 weeks. I called his case worker and was given no satisfaction. I have 2 questions: 1)Can I legally prohibit him from his visitation days with his kids as long as he continues NOT to make his support payments and 2)Is there ANYTHING I can do to force him to resume making the payments? He is still working, this I know. I am so frustrated!
4 Answers from Attorneys
Re: Non Payment of Support
A parent's right to have parenting time with his/her child is not contingent on the payment of child support. Just because he has violated the child support payment provision of your agreement or a Court Order, this does not give you the right to violate the visitation agreement or Order. On the other hand, you have a right to ask the Court, by filing a Motion, to enforce the child support agreement or Order and to otherwise seek sanctions against him, including a request for repayment of attorneys fees that you may expend in obtaining enforcement. You should seek the assistance of an attorney if you do not feel that you are able to file the Motion yourself. 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 factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner
Re: Non Payment of Support
Hello,
Support and parenting time are two different issues. You cannot withhold visitation because he is not paying support.
You would have to file a child support enforcement action which can include various other forms of relief, including obtaining attorneys' fees. Important: Any information provided is offered for discussion purposes only. It may not apply to your specific factual situation or jurisdiction and cannot be relied upon without the advice of your own counsel. This communication does not create a client-attorney or any other client-professional relationship, and no one can rely on advice from an attorney who has not been retained. Please feel free to call me at 856-489-8888.
Re: Non Payment of Support
I have read the answers provided by the first two attorneys. They are basically correct.
Additionally, you do not want to be in violation of the order providing for the father's visitation when you complain about his lack of compliance with the order requiring his payment of child support.
If support payments are made through probation there might be some bureaucratic cause for your not receiving payments and you should call the probation department to see if the payments were receive by it.
Re: Non Payment of Support
Your only recourse is to seek the court's intervention immediately if the child support payments are not being made in a timely manner but you may not withhold your spouse's visitation rights. Non-payment of child support is considered a serious matter by New Jersey and your spouse may lose his drivers license or spend time in jail if this situtation continues and this may impact upon his ability to see the children. Please call me immediately at 201-330-0722 and we can discuss the matter further. Under the law of New Jersey I cannot be retained as your attorney nor can I give you any advice without a retainer agreement and a statement of client's rights.