Carolann M. Aschoff, P.C.

Child custody and child support can be difficult

The end of a marriage is never easy. The divorce process can be very complex, especially when children are involved. Once the process is started, the divorcing partners have to reach agreements on matters such as child custody and support, alimony, visitation and much more.

Once the divorce is final, exes are free to start a new life apart, but this may become very difficult if the custodial parent does not pay the child support agreed upon or ordered. New Jersey custodial parents have legal recourse on which to fall back. When payments are not made, one may turn to the courts for assistance, and the court can then enforce the order.  

In some cases, the court may even go ahead with garnishing the wages of the parent who is supposed to pay the support. This is possible even if the person lives in another state. However, there are specific legal stipulations governing the garnishing of wages.

The Consumer Credit Protection Act protects the rights of the person whose wages are garnished as well as provides guidelines regarding wage garnishment. According to the Act, 50 percent of personal earnings may be garnished if the person has remarried or is paying child support toward another child, and this limit increases to 60 percent if the person has not remarried or is not supporting another child. At the same time, the person whose wages are garnished is protected from dismissal. 

New Jersey family law lawyers do not only provide advice during the divorce process, but can also support one after the process has been completed. This may be needed when an ex does not keep to the agreement reached, especially in cases where child support is withheld. A lawyer can provide guidance on the steps to take to ensure that the payments due are made as agreed upon when child custody is the matter.

Source:, "Garnishment of Wages after Divorce", Jodee Redmond, Accessed on March 8, 2017

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