Friday, July 21, 2017
As an experienced New Jersey Divorce Attorney, if someone says to me, “My ex isn’t paying what he or she is supposed to,” unfortunately, that happens more times than not. In my practice and at a lot of the divorce attorneys’ practices, you have the aspect of the divorce case and you have the aspect of what is called post-judgment case. This is called enforcement. It’s a funny term, but it’s called A Notice of Motion Post-Judgment to Enforce Litigants’ Rights. You go to a judge, and you say to the judge, “This person was supposed to pay A, B, and C. They didn’t. Now make them pay A, B, and C, and make them pay the lawyer’s fees.” It sounds nice and easy, right? Just one, two, three, right? It doesn’t work that way.
The first thing you have to do is identify the facts of why your spouse is not paying their child support. Then write to that individual and say, “Excuse me. Under the judgment of divorce, you’re supposed to pay A, B, and C. You haven’t paid A, B, and C. You must pay A, B, and C, or tell us why. If you don’t, this letter will be attached to the motion that we’re going to file with the judge that says you owe me this.
You want to, again, have an action plan. First, mark the record. Identify why. What’s happening? There may be a legitimate reason why the person isn’t paying. If that’s the case, you want to put an action plan to maximize how much money you’re going to have before you’re going to do anything else.
Is your ex-spouse not paying their child support? If so, contact the experienced New Jersey Divorce Attorney Christopher Leon Garibian.
This educational blog was brought to you by Christopher Leon Garibian, an experienced New Jersey Divorce Attorney.