Brooklyn, NY asked in Child Support and Family Law for New Jersey

Q: How can I get out of my child support arrears? I was not in the courtroom when the judge made a ruling.

I have a child I take care of separate. I have filed for SSDI

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

A: Whether you were in the room or not, either your ex or the probation department submitted an application for enforcement and provided the court with the details of your noncompliance with your child support obligation. Upon receipt of that application you were obligated to file a written opposition ( certification) detailing the errors in the submission by your ex or the probation department and as part of your opposition, you were obligated to provide the details confirming your compliance or why the prior order should be changed - you cant simply walk into court and tell the judge why it should not be enforced or why it is wrong. By the court date, the judge has already read the papers submitted and is ready to rule - the only thing that you can do now is file an application for reconsideration - which must be filed within 20 days of the date of the order and you must specify the basis of why the order was wrong and what you think is the correct decision and the reasoning why.

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

A: Thank you for your question. It’s always extremely difficult to get out from under arrears. The short answer is to enter into a payment plan this way you don’t risk being arrested or losing your driver’s license. Additional information is needed to fully vette this issue like court orders, your financial information (Case Information Statements) and the info on your present child. I strongly urge you to schedule a consultation with an experienced family law attorney.

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