It is an unfortunate reality that some parents will try to skip out on their financial obligations to their children by moving out of state or even relocating to another country. In such cases, non-paying parents might be surprised to learn that they still will not be off the hook. If your child’s other parent has fled New Jersey’s jurisdiction, please read on, then contact one of our experienced child support lawyers in Bergen County, NJ to learn more about collecting child support from an out-of-state noncustodial parent.
Can you collect child support from an out-of-state parent in New Jersey?
The federal Uniform Interstate Family Support Act (UIFSA) provides that New Jersey child support can be carried out if the payor lives out of state. The law requires employers to comply with the incoming withholding orders of other states, countries or tribal governments and puts limits on where orders can be changed. If the payor moves to a different state in an effort to avoid paying child support, he or she may face federal criminal prosecution. Enforcement reaches across state lines.
Cases may even involve other countries. The federal government has established agreements with other countries in order to facilitate the establishment and enforcement of child support orders. These include:
- Australia
- The Czech Republic
- Canada
- El Salvador
- Hungary
- Finland
- Ireland
- Northern Ireland
- The Netherlands
- Poland
- Norway
- Portugal
- The UK
- The Slovak Republic
- Switzerland
How do you collect child support from an out-of-state parent in New Jersey?
If the noncustodial parent moves out of New Jersey, the Child Support Agency will be able to get an out-of-state employer to take the support amount from his or her wages. If this does not work, you need to file a petition asking that the other state enforce your support order through its courts. The local office will let you know if this is necessary and it will help you file the papers. Although there is no cost for filing the petition, some states charge a small fee for processing payments and may deduct it from the collection before it is sent to you.
In any event, you would be well advised to reach out to one of our skilled Bergen County, NJ family law and divorce attorneys to discuss how you should proceed and how best to protect your child’s rights.
Contact our experienced Bergen County firm
At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.
