Sunday, March 31, 2013

Congratulations on winning the lottery. Now pay your child support!



Author: Taryn R. Zimmerman, Esq.

It was recently reported that the NJ winner of the $338 million Powerball lottery owes approximately $29,000 in unpaid child support payments that date back to 2009.  The money is expected to be paid by the state before his lottery winnings are released to him.

New Jersey has implemented several enforcement tools to ensure child support obligations are satisfied, including the aforementioned lottery prize intercept.  Other methods include income withholding, withholding from unemployment or worker’s compensation benefits. 

Additionally, if a non-custodial parent owes more than $1,000 in past-due child support, this may be reported to credit agencies.  If the amount of past-due support is $500 or more, the payer’s federal or state tax refund or homestead rebate, that refund may be intercepted and paid to the payee.  If a non-custodial parent has money in a bank, or owns stocks and bonds, the state may be able to seize those assets and apply them to the money owed.  Civil awards or settlements may also be intercepted. 
If child support payments are six months (or more) past-due, another form of relief is license suspension – including driving, professional, occupational, recreational or sporting licenses.  If the payer is $2,500 or more behind, a passport application can be denied. 

In addition to all of the above, a judgment may be recorded against the payer.  This means that the past-due amount must be satisfied before property can be sold. 

Finally, if any of the above methods do not apply or are unsuccessful, a court hearing may be scheduled to determine other forms of relief which may include the issuance of a warrant or jail time. 

The policy behind these enforcement tools are to ensure child support is paid, collect past-due support, ensure health care coverage and the ability to collect spousal support when it is ordered with child support. 

At Ruvolo Law Group, we are knowledgeable family lawyers who have significant experience helping clients enforce child support orders.  Give us a call to schedule your consultation to discuss your options. 

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