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What is she required to pay for child support?

Started by henry70, Feb 16, 2004, 08:34:17 PM

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fathers 4 justice

If you don't know how the family court system works, it would be a no no to go into court without a Lawyer. If its a simple Modification on an increse then you don't need one.

henry70

Is it considered a modification/increase even if she isnt paying through the courts(not paying at all)?

JenG99

Contact New Jersey Child Support Enforcement, they will send you the required paperwork for you to fill out.  Read the instructions carefully and serve your EX via certified (green return receipt) mail. After you mail in your paperwork you should call the clerk for a hearing date. Depending on your county (ours was Camden) your case will be heard in two to four weeks.

 Simply tell the Judge that as it stands you had an agreement for her to pay $40 per week (outside of court) and she isn't paying so you would like probation to take over the case and garnish her wages based on the state guidelines. Wage garnishment is automatic in NJ, especially for NCP's who have a history of not paying. I would leave out the insurance part and focus on the support itself because like I stated before it will be deducted from the support anyway. This way you have the cash and you don't have to depend on her to insure your child (she will drag her feet I am sure). Your cost of insurance will be part of the initial calculated amount.

 I am sure she will have to pay double or even triple the amount she is paying now. (She may receive a credit for her other children). Our BM was paying $50 per week for three kids directly (outside of court) and never paid. Her order went up to $114 per week plus $20 for arrears. She was shocked and totally furious. Be prepared for her to play games with this for a while. If she does, post here and I will tell you how to enforce the order Pro Se without a lawyer if you can't afford one.

 OR you can hire a lawyer to enforce the order and file for her to pay your attorney's fees. Try to stick to the facts in your paperwork and focus on your childs interest in being supported ONLY. Judges get annoyed when people get emotional. The fact that she hardly see's the childs means nothing during a child support hearing. You can mention it but don't dwell. You don't want to seem angry or vindictive. t  It's all about income and your childs rights.

Let me know what happens
Good Luck