Family Law

  • 1.  Child Support Arrears and Reporting to Credit Agencies

    Posted 11-14-2014 11:59 AM
    I settled a case for a client with regard to significant child support arrears including a payment plan as to how he is going to pay it off. He now wants to file a motion requesting that this arrears obligation not be reported to the credit bureaus. Does anyone have any experience with this type of motion? Please feel free to e-mail me personally rather than replying to this list-serve. Thank you in advance for your input and advice!

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    Marissa Hirsch Esq.
    Jersey City, NJ
    (201) 798- 8000
    [email protected]
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  • 2.  RE: Child Support Arrears and Reporting to Credit Agencies

    Posted 11-14-2014 12:34 PM
    Judge Jones addressed this matter in the case of Caroline King v. James King, Ocean County and I believe he will be or has submitted for publication. I would call his chambers and see what you can get. Abigale Stolfe


    Original Message


  • 3.  RE: Child Support Arrears and Reporting to Credit Agencies

    Posted 11-14-2014 06:39 PM
    Child support obligations are a "judgment by operation of law on the day they're due" and automatically reported when the arrears exceed 30 days of the support obligation. This causes the biggest problem when an order is entered that's retroactive to the filing date of an application as arrears suddenly come into existence.  These get reported to the bureaus, and people's credit rating instantly goes in the toilet.  Gone is the ability to, for example, borrow to pay off arrears.  Credit cards suddenly get shut off and good luck refinancing or obtaining a mortgage.  Also causes problems with people getting new housing when a prospective landlord runs a credit check.  And, most frustrating, it causes problems with anyone trying to land employment in the finance (and some other) industry where doing a credit check is part of the standard job application process.

    I have submitted consent orders in the past that instruct probation to remove any negative credit reporting.  Some judges have signed them, and some have had a problem with doing so (after having probation complain that it violates the statute).

    This is one of those frustrating "Catch-22" situations where the law is designed to help but it hurts. It's not as bad as the more (racist in practice although not in design) things like driver's license suspensions that force people into poverty and make it impossible for them to drive, force up their insurance rates, etc., but it's a bad one.

    The only sure way around it at this point is to have the parties agree to pay directly, not through probation.  Sometimes the payee will go for this if there are presumptive sanctions for nonpayment in an order.

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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
        www.FamilyLawNJ.pro
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  • 4.  RE: Child Support Arrears and Reporting to Credit Agencies

    Posted 04-01-2015 02:18 PM
      |   view attached

    As was mentioned was coming, Judge Jones just published a decision on this issue (attached) and (at least for a couple of weeks) online at: http://www.judiciary.state.nj.us/trial_court_opinions/Cameron-v-Cameron.pdf .

    Good to see one of the biggest "Catch 22"'s in Family Court be addressed.

    Who knows, another one may be about to fall (driver's license suspensions) :-)


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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
    www.FamilyLawNJ.pro
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    Attachment(s)

    pdf
    Cameron_CreditReportingCase.pdf   462 KB 1 version


  • 5.  RE: Child Support Arrears and Reporting to Credit Agencies

    Posted 04-02-2015 07:26 PM
    Can anyone refer a good consumer protection lawyer in Camden county

    Sent from my iPhone


    Original Message


  • 6.  RE: Child Support Arrears and Reporting to Credit Agencies

    Posted 04-02-2015 09:00 PM
    Abby: Charles Riley in Cherry Hill area. Top notch. Use my name. ------------------------------ Robert Goldstein Esq. Manalapan NJ (732)972-1600 ------------------------------
    Original Message


  • 7.  RE: Child Support Arrears and Reporting to Credit Agencies

    Posted 04-02-2015 10:23 PM
    Thank you

    Sent from my iPhone


    Original Message