In your initial divorce proceedings, the New Jersey family court may have appointed you as the noncustodial parent and subsequently the child support payor. They may have calculated the amount you owed each month based on a fair assessment of your income resources, the lifestyle you established for your child during your marriage, your child’s specific needs, and much more. However, circumstances beyond your reasonable control may make this order almost impossible to keep up with. Well, in this case, please continue reading to learn what happens if you cannot afford to pay this order anymore and how an experienced Bergen County child support attorney at McNerney & McAuliffe can help you make this right.
What happens if I can no longer afford to pay child support?
Your former spouse may not be happy with you consistently missing the due dates for your owed child support payments. They may also be unsympathetic toward your financial situation, which is making this difficult to fulfill. Ultimately, they may go as far as initiating a court action to collect backpay. Here, the New Jersey family court may rule to enforce the order in any of the following ways:
- The court may order that your outstanding child support debt be reported to the credit bureaus.
- The court may order a portion of your wages to be withheld and sent to your former spouse.
- The court may suspend your driver’s license, professional licenses, and/or recreational licenses.
- The court may order the seizure of your bank accounts, tax refunds, and other monetary assets.
- The court may order the interception of your civil awards or settlements.
- The court may order a bench warrant to authorize your arrest.
What action should I take to modify my child support order?
Importantly, you must act before your former spouse takes it upon themself to initiate a lawsuit. That is, you must petition for a post-judgment modification with the New Jersey family court that granted your initial child support order. With this request, you may need to exhibit that there are substantial and ongoing changes in life circumstances, for any involved party, that no longer make this existing order fair and manageable.
To your surprise, the court may take your claim seriously if you have been recently let go from your employment and are actively seeking a new job. Contrastingly, if your former spouse has moved in with a new partner and has newly freed up funds to put towards your child’s other needs besides housing.
Or, if you have newly been hit with a devastating medical diagnosis that requires a financially demanding treatment plan, along with a necessity to take time away from work. Lastly, if your child no longer has special educational or healthcare needs, and subsequently does not require as much financial aid for these aspects of their life.
You must retain legal representation before you even get close to your scheduled court date. So please, contact a skilled Bergen County family law attorney from McNerney & McAuliffe today.