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Can the State of New Jersey Take Child Support From Your Paycheck?

February 21, 2022 | Posted In Family Law

If you are dealing with any sort of child support dispute, you may be surprised to learn about how support funds may be taken directly out of your regular paycheck. For the sake of both your and your child’s financial wellbeing, it is essential that you learn about your rights and consult with a skilled New Jersey family lawyer to ensure the law is being followed and you are being treated fairly. Knowledge is power, and our team will provide you with information and insight to help you understand the workings and structure of New Jersey’s child support system.

The family law team at Helmer, Conley & Kasselman has broad experience in matters related to child support and family law. We are eager to work together with you to ensure the best possible financial future for yourself and your child. Contact a New Jersey family attorney today to learn more about your rights and explore what possibilities and options are available.

What is Wage Garnishment and How Does it Relate to Child Support?

Generally speaking, wage garnishment is one of several forms of debt collection that can be carried out under New Jersey law. Wage garnishment occurs in child support cases when a parent requests that a court-issued child support order be collected through the court system by the Probation Department. If approved, the wage garnishment will allow the state to directly take a certain amount of money directly out of your paycheck in order to pay off the amounts of child support owed. Under New Jersey law, the parent receiving child support has the right to have child support paid by wage garnishment, even over the objection of the paying parent, except in very limited circumstances.

What if I Can’t Afford My Child Support Payment?

If you cannot afford to have child support payments taken out of your paycheck, you can make a case to the New Jersey family court that your child support payment order should be modified. However, you should not take up this task on your own. Collaborate with a New Jersey family lawyer to ensure you have crafted the best argument possible for the modification of child support payments. Obtaining modification of child support payments requires proof of “changed circumstances” which have “substantially” and “materially” left you unable to provide monetary support in the way you previously could.

Substantial and material changes of circumstance could include:

  • Involuntary loss of employment or income
  • The onset of a disability or serious medical condition
  • The birth of other children
  • Changes in custody or time spent parenting the child

Protect Yourself, Your Child and Your Income – Turn to a New Jersey Family Attorney 

Dealing with custody issues and child support payments is one of the most stressful events a parent can ever experience. This is why it is essential to team up with a knowledgeable and compassionate New Jersey family lawyer to understand your rights, the options for potential legal action you can take, and ensure the best possible financial future for yourself and your family. We are not afraid to take on the toughest and most complex cases.  Contact us now to set up an initial consultation.

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