New Jersey CSE against NCP

[JenG99]

 Hi Soc,

STATE IS NJ
 
 DH received a letter from his probation case worker stating that they are filing to 'enforce litigants rights' against the NCP BM. DH is somewhat perplexed because for the most part, BM has been paying child support in full. However, there is a strict probation order stating that if she misses just one payment CSE or DH can file for a warrant.

 The BM has a history of avoiding her obligation and disregarding prior enforcement orders. She failed to appear on at least three occassions in the past, BUT she has made some amicable efforts over the past year to pay CS. The problem is she often makes incomplete payments, she will pay $50 , $75 less or at times no payment at all. AND there IS a wage garnishment order in effect. This is why we are often confused when the payments are short?

 She was arrested last year and paid a HUGE bail amount which lowered the arrears to $800. Over the past year the arrears have not been paid down even though she is supossed to be paying $80 per month. According to this payment plan they should be paid off by now. So, apparently she missed $800 in CS payments over the past year.

 The letter referenced wage garnishment laws and fraud. My question is..

1. The BM isn't going to the hearing. Will this action on her part cause a bench warant to be issued?

2. Is there a possibility that the Judge will increase her arrearage payments due to her failure to appear at the hearing and the fact that she has paid off no arrears over the past year?

Thank YOu

[socrateaser]

>1. The BM isn't going to the hearing. Will this action on her
>part cause a bench warant to be issued?

Probably, but law enforcement won't pick her up unless she's stopped for some other reason, i.e., traffic ticket, etc.

>2. Is there a possibility that the Judge will increase her
>arrearage payments due to her failure to appear at the hearing
>and the fact that she has paid off no arrears over the past
>year?

The arrearage is exactly the amount owed, plus interest. If she's late, then interest accrues. It's possible that the court could find her in contempt and give her another sanction, but that would be a completely separate judgment, and would be one that CSE could not enforce on its own, because it would not be in the nature of support, rather it would be to vindicate the court's authority.