Lakewood, NJ asked in Family Law for New Jersey

Q: How do i ask family court to turn over a townhome to my children so i can provide housing?

background father has a rental income producing property and still does not pay child support he is also in and out of jail constantly. i am facing eviction.

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1 Lawyer Answer
Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: Its not that simple. The best advice I can give you is to have a consultation with a family law specialist to review the amount of child support arrears outstanding ( get a printout from your account) and the details of your ex's ownership interest in the income-producing property and have the lawyer file an application with the court seeking the entry of a judgment reflecting the current balance owed and asking that the probation department be able to garnish the rental income from the property towards the outstanding arrears. If the property is held in a business name, then the lawyer may need to seek joinder of the entity as a party defendant for enforcement as well.

This is something that you should not undertake yourself because if you do it wrong, you cannot then hire a lawyer and try the same application again.

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