Direct Pay Vs. Probation
Monmouth County Child Support Attorneys
When it comes to receiving child support or alimony in New Jersey, the court will generally direct those payments be made through the probation department. However, you can decide to have those payments made directly to you.
Here is how each works and their advantages:
|How it works||Probation department garnishes the support payments directly from payor, as the payor is employed. If a payor is self-employed, other enforcement tools can be used.||Set up an automatic direct deposit into your bank account.|
|Advantages||Probation keeps an account of how much has been paid, and how many payments are in arrears, if any.||The payor may be embarrassed to have his or her employer directly involved in personal issues like child support and alimony.|
|If a payor is behind on payments, their state or federal tax refund may go to pay child support.||A good option if the payor is trustworthy.|
|When support payments haven't been paid for six or more months, the payor's professional, driving, sporting, or other license may be revoked or denied.||Enforcing child support through probation can be expensive and time-consuming.|
|A Cost of Living Adjustment (COLA) is automatically applied every two years.||Can build a Cost of Living Adjustment (COLA) into your agreement for child support.|
|If the payor owes more than $5,000 in child support, his or her passport application can be denied.|
|If payor fails to pay his/her child support, can issue a bench warrant for the payor's arrest.|
If the recipient originally elected to have a direct pay arrangement and now would like those payments through the probation department, you can make your request to the court. The court will almost always grant this request absent "good cause to the contrary."
Probation? Direct Pay? Not Sure Which? Talk to Us.
With our more than 30 years of helping clients like you decide which payment arrangement is best for them, we can help you, too. Contact the child support attorneys at the Law Office of Steven P. Monaghan, LLC, to schedule your free initial consultation. One of our lawyers will get right back to you.
Call us at (732) 624-6343 or complete the online form.