NJSBA Family Law Section

 View Only
  • 1.  California father not complying with New Jersey Orders

    Posted 12-20-2016 10:30 AM

    Mother in NJ has Orders from NJ Court re child support and college expenses.  Father in California is totally ignoring.  What is the best way to enforce?

     

    Gary D. Gordon

    Feinstein, Raiss, Kelin & Booker LLC

    290 W. Mt. Pleasant Avenue

    Suite 1340

    Livingston, NJ 07039

    973-324-5400

     



  • 2.  RE: California father not complying with New Jersey Orders

    Posted 12-20-2016 11:40 AM
    If payment is through probation, NJ will communicate with CA via UIFSA and they will enforce. California isn't lax about it, from my limited experience, although it can take 6-12 weeks for any interstate enforcement to get underway. As with anything having to do with probation, "the squeaky wheel gets the grease" - send a letter, call, have client call, email if you know the probation officer's email address. If you can determine office in CA that will be handling it, same idea - write, call, email. If client is hurting for the support and this is truly willful non-payment, make sure that's known.

    Client can also file an independent action, register the judgment in CA and file a motion (pro se if necessary). Some judges in other states will act on these (I've seen FLA and NY do so), others will defer to UIFSA and "automated" support enforcement mechanisms.


    <x-sigsep>

    Please confirm that you received this email and referenced attachments (if any).

    - Dave

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

    </x-sigsep>