QUESTION

Post judgement enforcement

Asked on Dec 28th, 2020 on Family Law - New Jersey
More details to this question:
Ex spouse did not pay child support for December, but has not complied with court orders as a pattern and is likely to convolute/bring up other issues. Very dicey MSA
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2 ANSWERS

Family and Matrimonial Law Attorney serving Parsippany, NJ
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Thank you for your question.  I am sorry to hear you are going through this stressful time.  In a situation like the one you describe, you would likely need to file a Motion to Enforce Litigant’s Rights in the event your ex-spouse does not make the child support payment.  In the event there are other orders which he/she is not complying with, you may want to include those Orders in the motion as well.  There's a need to review the Orders and the MSA in order to provide you with a definitive answer.  I strongly urge you to schedule an attorney consultation.
Answered on Jan 08th, 2021 at 11:55 AM

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Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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The simplest way to address this type of gameplaying is to file an application with the court to have all payments of child support paid through the probation department system going forward and to have the court reduce to judgment all outstanding and unpaid child support ( which sum will then be added to the probation department account). By having all payments through the probation department system, you can also have the court require that there be a wage garnishment in place against his employment income, against any tax refunds, etc and if there is an issue over an expense going forward, he cannot deduct money from his child support payment amount - when someone decides that they want to play games, it is a simple solution to bring that type of nonsense to a close. 
Answered on Dec 29th, 2020 at 8:24 AM

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