Legal Question in Family Law in New Jersey

child support and consequences

if someone owes $15,000 in back child support but does not have all the money to pay it back and there is a bench warrant out... what can happen? is there anyway for the ex to stop harrassing when the attempt to pay is there? they are not able to pay the total amount due but at least it is something. the non-custodial parent no longer lives in the state that where the case was issued. what can happen?


Asked on 1/31/08, 6:44 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: child support and consequences

The worst consequence is that the person who owes the money could go to jail. From a practical standpoint, he would only go to jail if the Court were to find that the person had the ability to pay and was not paying. It seems to me that the best way to handle it would be to get all of the financial information together, to show how much he could pay, and then file a Motion to ask the Court to set a reasonable repayment plan, based on the amount that the person can afford to pay. The chances of success would depend on how convincing the person would be and what the financial information shows.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with a Family Law attorney. I would be happy to discuss this matter with you if you would call me. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner

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Answered on 1/31/08, 6:53 pm


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