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. 

CHILD SUPPORT – WILL SOMEONE JUST TELL ME WHEN I CAN STOP PAYING IT?

Author: James de Stefano, Esq.

            After what may have been a lengthy and/or difficult divorce, the smoke has cleared and life has finally returned to “normal.”   The last thing you want to think about is having to someday readdress any of the legal issues you just finished negotiating down to the last detail.  You certainly don’t want to go back to court. However, if you pay child support, the termination date is not as straightforward as you may think.  Many people wrongfully assume that once a child turns 18, child support ends.  Not so. 

Others understand that various life events may declare their child emancipated, thereby terminating their support obligation, but they assume that they can simply stop making the payments upon the occurrence of any of those events regardless of whether their ex agrees that support should end and without involving the court system in their lives again.  Again, not so – especially if you pay support through the county probation department.  The probation department will usually garnish your wages (if you pay via wage garnishment) or increase your arrearages in their system unless and until a judge tells them to do otherwise.  This can possibly continue through your child’s adulthood if they never receive a court order telling them to stop.

            In New Jersey, child support does not automatically end because of a specific event.  YOU have to take the initiative to obtain the court’s permission stop making payments.  If your ex is cooperative and you are both on the same page, this can be very simple.  You can both sign a Consent Order that officially declares your child emancipated and submit it to the court for the judge’s signature and “stamp of approval.”  However, if you and your ex do not agree, you may need to file a Motion with the court to request that your child be declared emancipated and to officially terminate child support.  Until then, you are legally obligated to keep paying that support.

            New Jersey courts recognize that child support can be terminated once your child is officially emancipated.  If a skilled matrimonial lawyer drafted your Settlement Agreement, the child support section will include a detailed description of which life events will trigger emancipation.  Examples of such events are your child reaching eighteen and graduating from high school (whichever is later) assuming that your child does not enroll in college full-time, your child discontinuing full-time college, joining the armed forces or getting married.  These are a just a few examples, but there are many exceptions to these examples.  Every case is unique.  But again, just because your Settlement Agreement or court order states that your child is emancipated upon a certain event does not mean that you can take it upon yourself to stop paying support when the event occurs.  You must obtain a court order that formally emancipates your child and terminates your obligation to support him or her.

            If you have questions about your child support obligation, please contact an attorney at Ruvolo Law Group.  We can help you understand how the law may apply to your facts and what your best course of action would be.   

WHO KEEPS THE ENGAGEMENT RING IF THE MARRIAGE ENDS?

Author: Laura Ruvolo Lipp, Esq.

            

                  Howard Pasamanick Photography

        http://www.people.com/people/article/0,,20587306,00.html

Well after seven years and six kids together, Brad finally put a ring on it.  And from the looks of Angelina’s engagement ring, it was worth the wait!  According to www.people.com (my top source for all of the really important news in the world), the ring reportedly weighs more than ten carats and cost Brad $1 million.

Seeing this picture of the gorgeous sparkler made me think about a question I am sometimes asked by my female clients whose divorces are approaching – “Do I get to keep my engagement ring?

The answer is usually pretty straightforward.  Before a couple walks down the aisle, the engagement ring is considered a conditional gift.  If the engagement is broken, the ring must be returned.  However, once the knot is officially tied, the engagement ring is officially hers.  If the couple divorces, it is considered to be a pre-marital gift to the wife, not a marital asset, and is therefore not subject to equitable distribution. 

However, there are some exceptions that leave room for argument.  What if the couple spent joint funds on the ring and then the engagement was called off?  What if the parties were married for ten years but this ring originally belonged to the husband’s late grandmother?   And that is when a lawyer might need to get involved.

In any event, an engagement is a time of great happiness, love, excitement and hope for the future.  The engagement ring is a symbol of that.  And if you are lucky enough to have a symbol that looks anything like Angie’s – CONGRATULATIONS!