Arrears limitations

[ookabooka]

What is the name of your state (only U.S. law)? NJ
My ex has always paid support through paycheck withdrawals directly to me rather then use the state system. Our child has decided to spend more time at his house. He has stopped paying because she is now spending more time with him. He has not taken action to file a motion to change the court ordered amount. He also has not filed a motion to change the custody arrangement. I would like to wait until he takes legal action but do not want to go beyond any statute of limitations as far as colllecting missed payments. I also do not want to wind up in a situation where he files a motion to change custody and says the change has already occurred so he should not have to make up the missed payments for the time he has had her. At what point should I stop waiting and simply report him as having missed payments? Is it based on time or dollar amount?

 

[latigo]

What is the name of your state (only U.S. law)? NJ
My ex has always paid support through paycheck withdrawals directly to me rather then use the state system. Our child has decided to spend more time at his house. He has stopped paying because she is now spending more time with him. He has not taken action to file a motion to change the court ordered amount. He also has not filed a motion to change the custody arrangement. I would like to wait until he takes legal action but do not want to go beyond any statute of limitations as far as colllecting missed payments. I also do not want to wind up in a situation where he files a motion to change custody and says the change has already occurred so he should not have to make up the missed payments for the time he has had her. At what point should I stop waiting and simply report him as having missed payments? Is it based on time or dollar amount?

Although I can't cite a specific statute or case law and I am tired of searching the New Jersey online statutes which is a pain in the butt -

Several seemingly authoritative sources say that New Jersey has no statute of limitations on enforcing a child support order.

But what do you expect to gain by "simply reporting him as having missed payments"?

 

[justalayman]

To me, it sounds like op wants to wait as long as possible so as to make it as a big of a deal as possible before initiating A court action. In other words; how bad can a make it on the other parent before I lose any right to twist the screws. Op seems to accept the fact they will lose in a custody battle since they have allowed the child to choose which parent they wish to live with. They might be right if they make no attempt to enforce the visitation order rather than waiting for the other parent to act. Op needs to understand that the courts are loathe to enforce the rights of a complainant that refuses to have their rights enforced.

In other words: if you don't believe your rights are worth taking action to enforce them, why should a court take any action to enforce them for you?

So to you op I say: if you want the order enforced, don't wait. If you don't want it enforced or even worse, allow for the other parent to change the custody order, just sit on your butt and do nothing. If the court makes a retroactive change to the support order, while it is unlikely, don't get upset or be surprised.

 

[stealth2]

This site gives good info on what can be done, based on what the arrears are.

http://www.njchildsupport.org/Services-Programs/Custodial-Parents/Enforcement-Making-sure-child-support-gets-paid.aspx

Why not just call them?

At the end of the day, depending on how much "more tiime" the child is spending with Dad (are we talking she's there f/t, an extra weekend, every other week?), why should Dad not get payments abated, or at least reduced? And how long has this been going on?

 

[I'mTheFather]

Hm... To me, it seems that OP is quite okay with the custody arrangement and wouldn't mind a change in the order as long as she doesn't lose any money over it. She doesn't want to file anything because the support will be lowered, so she wants to wait until the child ages out or dad files. Then she'll file for the arrears.

Too bad dad didn't come here.