When an Ex-Spouse Does Not Meet Obligations

In 1992, the Federal Government passed the Child Support Recovery Act. This law focuses on people who willfully fail to pay past due support obligations for a child living in another state. The judge can set a fine and/or imprison offenders for up to six months. (Repeat offenders can be imprisoned for up to two years.) The criteria are as follows-

  1. Your ex-spouse and the child do not live in the same state. (If they do, this law doesn't apply.)
  2. A judge determines the amount of child support due. There must be a court order specifying the amount due.
  3. If the amount due is $5,000 or less, it must be due greater than one year.
  4. If the amount due is more than $5,000, there is no minimum time period.
  5. The person's failure to pay must be willful. If he or she can show that it is difficult or impossible to pay, the law might not apply.

Practice Areas:

Personal Injury/AccidentsDivorce/FamilyReal EstateBusiness and Commercial
Alternative Dispute Resolution/MediationWills and EstatesLandlord/TenantTraffic Violations
Criminal OffensesLitigation and Appeals

Disclaimer: Our law office serves all areas of New Jersey (primarily Middlesex, Monmouth, Mercer, Somerset, Ocean, Hunterdon, Union Counties) in cases that include divorce, real estate, personal injury, wrongful death, negligence, criminal, wills and estates, landlord/tenant, business and commercial, contracts, corporate, product liability, family law including child support, child custody issues, visitation, and alimony, and traffic violations or offenses such as speeding tickets, DUI or DWI that may affect insurance premiums. The legal information contained on this website should not be interpreted as formal legal advice or the creation of an attorney-client relationship. Please contact our attorneys at our Middlesex County office located in Edison, New Jersey, or at our Mercer County office in East Windsor, New Jersey.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.