When going through a divorce, child support can be daunting. Whether you are the paying or receiving parent, it can be a stressful situation all around. Here is some information about child support issues that you might encounter.
Child Support Issues | Not Paying Court-Ordered Child Support
In New Jersey, if you are the parent who has to pay support and you fail to do so, several things will happen. Number one, you could be arrested. A warrant could be issued out of the family court, and you could be picked up on that warrant and held until you pay the child support that’s due, or at least a percentage of it. Your passport can be taken, or you will be unable to apply for a passport. Your driver’s license or any other professional license can be suspended. Child-support enforcement in New Jersey is taken very seriously, and the consequences of not paying support can be extremely detrimental.
Download Our Free Divorce Guide
Child Support Issues | Waiving Child Support
In New Jersey, I’m often asked by parents if it’s possible to waive child support. Child support is not a right of the parent; it’s a right of the child. In theory, you have no ability to waive child support. However, if you, as the parent receiving payments, do not seek to enforce that right, it has the same effect as waiving the child support.
If you are the parent who owes child support payments, you have no rights to waive the payment. If you are having child support issues with the cost, that is something to take up with your attorney to perhaps look into changing or modifying the agreement.
Child Support Issues | Modifying Child Support
In New Jersey, either party, the paying parent or the parent receiving child support, can file a motion to decrease or increase the child support, depending on the circumstances. This is called the post-divorce motion. Factors such as illness, loss of a job, child attending a college or private school could be reasons to either increase or decrease child support. If you are facing child support issues and need assistance modifying the agreement, contact a family law attorney.
If you have any other child support issues that you would like to speak to an attorney about, please contact our New Jersey office today.