Warren, NJ asked in Child Support for New Jersey

Q: My out of state ex has ignored court order to pay $80k in child support arrears. How can I get Judge to charge a felony

He was Ordered to pay me $80k by November 15th 2020. He ignored Order. He is self employed and a multi millionaire. His arrears are now $100k+ child support garnishes him approximately $3k a month

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2 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: The family part judge is not going to criminally charge your ex with a felony for nonpayment of support but a family part judge does have a host of other tools available to him to address your ex's noncompliance with his support obligation and arrearage obligation. My suggestion is that you sit down with an experienced family law specialist to discuss your options. When you meet with the lawyer, make sure to give him / her the original agreement or court order and each order entered by the court subsequently so that he can see the correct history of noncompliance and the responses by the court to those applications. I would also give him the underlying certifications for each application for enforcement and each certification filed by your ex in opposition to your applications ( together with every attachment) so that he has a complete picture of what has been filed with the court, what has been submitted in opposition and if you have any of the transcripts of the prior proceedings, make sure to provide that information as well - this is where you want to give the lawyer more information then less information. If your ex has assets, there are ways to seize them, even if in the name of a business entity he owns. Again, provide as much information to support your claim as to his asset structure as well.

Bari Weinberger
Bari Weinberger
PREMIUM
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. Regarding your concerns, there are remedies available to you in order to address your ex’s outstanding obligations. It likely will require you to file an application in Court to seek recourse for the actions in violation of prior orders. Based on the circumstances, there may be resources available to assist with the issue and it may need to be addressed in the event legal action is taken. Based on the circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.

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