Q: Does NJ Initiate a court hearing for unpaid child support, or does the plaintive half to do it?
My mother and father have been divorced for many years, my father (parent to pay C S) recently received a letter from the State of New Jersey stating he needs to appear in court regarding unpaid child support. Is that something my mother (parent receiving C S) would have had to file or would the state initiate the court hearing on my mother's behalf?
A: Thank you for your question. It could have been either one. The probation department might have commenced an enforcement proceeding if your father is in arrears on his support. It is also possible that your mother filed an enforcement motion because your father is in arrears and she wants that rectified. If he is up to date on his support then it could be a customary cost of living recalculation if the support amount has not been examined in more than three years.
It does not matter who initiated the court proceeding. If your father is not paying child support that was ordered by the Court then he needs to explain why. If he is unable to do so or has had a change in income then the Court will need that information also. The best thing to do is for your father to consult with an experienced family law attorney so he can get advice tailored to his specific situation. Many firms, including mine, offer free consultations.
A: Based on your description, I presume that your dad pays child support through the probation department system; which means that if your dad fell into arrears on his child support obligation, the probation department system would file the application for enforcement since it is responsible to collect the money.
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