Very high child support arrears payments in NJ.

[elliot825]

So all my children are emancipated. The courts ordered me to pay a very high child support payment because I was capable of making it at the time. So now I am in the arrears for $18,000 and they are still not stopping. Now the judge wants me to make arrears payments for $210 a week. I come home with $650 a week! I can't make ends meet. Two months ago I filed with the court to lower and the judge said no. In fact this judge always says no to me and gives my ex whatever she asks.

 

[not2cleverRed]

Do you have a legal question?

 

[elliot825]

Isn't there a law of how much money they could garnish from my wages?

 

[not2cleverRed]

Isn't there a law of how much money they could garnish from my wages?

Yes, there are limits. However, from what you have posted, you are below that limit.

Let me put it another way: if you had paid child support in the court ordered amount while you were making more money, you would not be paying so much in arrears now. The judge always says "no" when you show a pattern of being unreasonable. It's sort of like crying "Wolf!"

 

[PayrollHRGuy]

There is a limit and $210/week is well below the limit if your take home pay is $650.

 

[adjusterjack]

So all my children are emancipated. The courts ordered me to pay a very high child support payment because I was capable of making it at the time. So now I am in the arrears for $18,000 and they are still not stopping. Now the judge wants me to make arrears payments for $210 a week. I come home with $650 a week! I can't make ends meet. Two months ago I filed with the court to lower and the judge said no. In fact this judge always says no to me and gives my ex whatever she asks.

Looks like you will have to get a second job.

 

[LdiJ]

So all my children are emancipated. The courts ordered me to pay a very high child support payment because I was capable of making it at the time. So now I am in the arrears for $18,000 and they are still not stopping. Now the judge wants me to make arrears payments for $210 a week. I come home with $650 a week! I can't make ends meet. Two months ago I filed with the court to lower and the judge said no. In fact this judge always says no to me and gives my ex whatever she asks.

Think of it this way...at 210.00 a week you should have the arrears paid off in about two years. That would be a good thing for you.

 

[stealth2]

So all my children are emancipated. The courts ordered me to pay a very high child support payment because I was capable of making it at the time. So now I am in the arrears for $18,000 and they are still not stopping. Now the judge wants me to make arrears payments for $210 a week. I come home with $650 a week! I can't make ends meet. Two months ago I filed with the court to lower and the judge said no. In fact this judge always says no to me and gives my ex whatever she asks.

Well... Whether your children have aged out or not is moot - the arrears are what you owed Mom for their support that she had to make up. $900/mo is not really an onerous amount. Sorry.

One of the things the court will have looked at is why your income dropped. If it was due to layoff, illness, or other unforeseen circumstances - the court would have expected you to file for a modification. If you simply decided to stop paying/pay less than ordered? You're out of luck. As you are if your lower income is due to your taking a lower paying job.

 

[HighwayMan]

Isn't there a law of how much money they could garnish from my wages?

What does your attorney have to say about this?

 

[cbg]

I could be mistaken about this, but I seem to recall from an extended family situation that in New Jersey, the NCP has to apply to have child support stopped unless it is written directly into the support order that it stops at such and such an age - it does not automatically stop when they reach adulthood. Was there such a provision in the order and if not, have you applied to have it stopped? It won't change the amount you already owe but it won't increase any further other than interest on the existing balance. It's unclear in your post, at least to me, if you are still responsible for ongoing support.

 

[not2cleverRed]

I could be mistaken about this, but I seem to recall from an extended family situation that in New Jersey, the NCP has to apply to have child support stopped unless it is written directly into the support order that it stops at such and such an age - it does not automatically stop when they reach adulthood. Was there such a provision in the order and if not, have you applied to have it stopped? It won't change the amount you already owe but it won't increase any further other than interest on the existing balance. It's unclear in your post, at least to me, if you are still responsible for ongoing support.

This is just payments towards arrears that he is complaining about. As per OP's initial post, the children are emancipated.

 

[cbg]

He also said, "and they are not stopping". That could be interpreted to mean that despite his children reaching adulthood (emancipated) he is still being charged for support every month over and above the arrears. My extended family member was still being dunned for child support when his youngest was nineteen and his oldest twenty three, because he'd never gone to court to have it ended.

 

[not2cleverRed]

He also said, "and they are not stopping". That could be interpreted to mean that despite his children reaching adulthood (emancipated) he is still being charged for support every month over and above the arrears. My extended family member was still being dunned for child support when his youngest was nineteen and his oldest twenty three, because he'd never gone to court to have it ended.

I take the "and they are not stopping" to refer to still pursuing arrears, not reducing the payment amount. Unlike your relative, OP has been to court recently (2 months ago) in an attempt to reduce the payments. I suspect that when OP went to court to have the children emancipated, OP expected that the amount coming out of his paycheck would decrease.

Hopefully OP will take your post as encouraging enough to come back and elaborate.

 

[cbg]

Your interpretation could be right, Red, I'm not insisting on mine. I'm just making a suggestion for the OP in the event that he hasn't pursued that angle.

 

[stealth2]

Isn't there a law of how much money they could garnish from my wages?

Yes, there is. But that doesn't mean more can't be ordered - especially if your lower income is voluntary.