The Law Office of Jeffrey A. April, Esquire
contact us for quick responses to your legal questions
Toll-free: (800) 724 7232 Local: (609) 736 2203
E-Mail Us Today Click Here

Child support nonpayment and Social Security benefits

New Jersey courts approach child support cases with the belief that both parents should share financial responsibility in the child's upbringing. A key philosophy behind a child support order issued as part of a divorce decree is that children should be able to live in a manner similar to what they would have enjoyed if their parents had remained together.

When a parent fails to pay child support despite the existence of a court order, it may leave the other parent wondering what to do, especially if the nonpaying parent is no longer employed. However, if the obligated parent is receiving Social Security benefits, the parent who is owed can seek a garnishment order for the nonpaying parent's benefits if they are not derived from Supplemental Security Income. All other types of Social Security benefits may be garnished, but SSI is viewed as a type of welfare and thus cannot be reached.

If a nonpaying parent receives other Social Security benefits, such as retirement or disability, the parent who is owed the child support may file a motion with the court along with proof of the delinquency. The court can then issue an income withholding order for the nonpaying parent's benefits. The recipient parent should then take the order to the agency and request that withholding be initiated. There is a maximum percentage that federal law allows to be garnished in this type of situation.

Child support delinquencies can be frustrating for parents who are struggling to raise their children. Parents who are owed child support and who are not receiving it may benefit by seeking the help of a family law attorney who can help by determining the other parent's income sources and then filing a motion with the court for the appropriate action to be taken. There are several methods of enforcing an order for child support which the attorney can outline.

No Comments

Leave a comment
Comment Information

200 South Shore Road
Marmora, NJ 08223

Toll Free: 800-724-7232
Phone: 609-736-2203
Fax: 609-390-9363
Marmora Law Office Map