When parents decide to separate or divorce, two of the most important matters that must be handled are child custody and child support. Even after the parents split, they still share the responsibility of financially supporting the child. If one parent fails to make payments, however, a child support lien can be placed to enforce the financial obligation. Continue reading and speak with a knowledgeable Morris County, NJ child support enforcement attorney today.
What is Child Support?
After a separation or divorce, to ensure that the child continues to receive the care they need, one parent will generally be ordered by the court to make regular payments to the other. This is known as child support.
The non-custodial parent (the parent who does not spend the majority of the time with the child) will typically make monthly payments to the custodial parent. The money is intended to support the child’s basic needs, including food, housing, clothing, education, and other activities or necessities. These payments help ensure that the child is not financially negatively impacted by the parents’ relationship and that their needs continue to be met by both parents.
What is a Child Support Lien?
Child support is a crucial part of family law, ensuring that children’s financial needs are met and they can continue to grow and develop with economic stability. However, what happens when the non-custodial parent fails to pay child support?
A child support lien is a legal claim against a non-custodial parent’s property resulting from unpaid child support. The New Jersey Probation Child Support Enforcement uses a variety of tools to enforce child support payments and arrears, including liens. It works like any other type of lien, meaning that it gives a creditor the right to claim the value of the property to collect overdue payments or forces the debtor to pay before using their property. In this case, the creditor would be the custodial parent or a government agency, and the debtor would be the non-custodial parent who is late on payments.
Child support liens can be placed on many different assets, including homes, land and other real estate, vehicles, bank accounts, businesses, and any other personal property of value. If a lien is placed on the non-custodial parent’s home, for example, they could be unable to sell the property until they have paid off the debt they owe the custodial parent.
How Does the Lien Get Removed?
In general, the only way to remove a child support lien on property is to pay the arrears in full. First, contact the local Probation officer for relevant information for your judgment. Determine what you owe in arrears and interest, and pay the amount in its entirety.
Next, file a Warrant to Satisfy Judgment with the court. This warrant acts as evidence that the custodial parent received full payment and removes the judgment from the court’s records, marking it as closed.
For more information and to acquire legal representation, reach out to a skilled attorney today.
