Can I Avoid Child Support in New Jersey?

Occasionally, our divorce attorneys are asked the question, "Is there any way to get out of paying child support?" The answer is generally no. A parent cannot give up or surrender their child's right to child support.

According to New Jersey law, the right for a child to receive support is not the parent's right to decline, even if that parent is the custodial parent. A custodial parent does not have the right to waive child support because this duty is owed to the child, not the parent.

When a custodial parent files an action for child support, it is strictly on behalf of the child. This is different from alimony, which can be waived if one person wishes to give up their right to marital support.

What if One Parent Has No Income?

Even non-custodial parents with significantly low earnings must pay some amount to establish the principle of parental support obligation. This is true even if the non-custodial parent earns no income at all.

In such cases, the court will perform what is called an imputation of income. The court will consider whether to assign income to a parent when calculating child support and will determine whether the parent is voluntarily underemployed or intentionally so.

In determining how much income to impute, the court will look at the parent's earning history, education, age, experience, and geographical location.

Consequences of Failing to Pay Child Support in NJ

Individuals who do not pay child support face serious consequences. If payments are to be made through the Probation Department, they will track the amount overdue and may eventually seek to enforce collection. Probation is more likely to pursue collection if your ex-spouse is diligent in contacting them and lodging complaints.

An enforcement application can result in a bench warrant being issued for your arrest. If an active bench warrant exists, you may face the county sheriff arriving at your home or place of employment to arrest you.

Probation also has other enforcement tools available. These include suspending your professional license, suspending your driver's license, intercepting any tax refund you may be entitled to, and even invalidating your passport to prohibit travel outside of the country.

If you are picked up for child support arrears, your matter is typically scheduled for an ability-to-pay hearing. At this hearing, you are allowed to present your reasons for not paying the previously ordered child support amount. The judge may set a purge amount, and you will be released from custody if you pay a percentage of the total arrears owed.

It is strongly recommended that you retain an experienced attorney if you owe a significant amount of child support. An attorney may be able to negotiate a settlement with your ex-spouse without the need for a court appearance and may also be able to vacate any warrants that have been issued for your arrest.

If you are faced with a child support obligation you cannot comply with, please call the experienced family law attorneys at Villani & DeLuca to arrange your free initial consultation today.

Villani & DeLuca – Your NJ Child Support Law Firm

Partner Vincent C. DeLuca of Villani & DeLuca has successfully mediated hundreds of divorcing individuals in matters where the amount of child support was in dispute.

He is certified by the Supreme Court as a Matrimonial Law Attorney and has been approved by the Supreme Court of New Jersey as an Economic Mediator. He typically conducts five mediations per week.

If you would like to discuss your current child support obligations or whether you qualify to modify the amount you owe, call Villani & DeLuca at (732) 709-7757 today to schedule your initial consultation.