Nota Bene: Failure to consult "will not vitiate the child's independent right of support," particularly where the child's health is at risk. See Gotlib v. Gotlib,
399 N.J. Super. at 306.@ 655. In cases where the reimbursement parent recipient repeatedly fails to provide the payor with timely bills to reimburse, and even "stockpiles" them, the Court will not punish the child beneficiary of the care because the custodial parent is misbehaving.
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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
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Original Message:
Sent: 03-20-2015 13:04
From: Robert Goldstein
Subject: Child Support Arrears & Parenting Time
Akin to this, I have a client who is frustrated that despite the terms of their custody and parenting time settlement agreement, the wife often makes arrangements concerning non-emergent medical or psychological treatment for a child without consulting with or even telling him that she has done so. Of course he is expected to pay his share of the bills.
Other than seeking a change in the parenting arrangement, what would a judge be likely to do on an enforcement motion?
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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
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Original Message:
Sent: 03-20-2015 10:41
From: David Perry Davis
Subject: Child Support Arrears & Parenting Time
William -
The two concepts are completely legally independent of each other. This issue comes up often with unrepresented litigants. Dad will say to mom "you didn't pay your child support, so you can't see our child this week", or mom will say to dad "you didn't let me see our child, so I'm not paying child support this week." No court will do this.
That said, dad needs to deal with the support issue. If he was properly served and there's no challenge to the support order, he will need to pay what he can or he is facing enforcement action from the court, which could include coercive incarceration, seizing his passport once he has arrears (happens automatically at a certain level of arrears, or it can be requested from the court when, for instance, someone is going to flee to Bora Bora to avoid support).
First, I'd suggest that, if possible, dad pay off his arrears and start making payments. Regardless of the relationship or his move or his lack of contact, the child shouldn't suffer by not receiving support. It would then hopefully moot the issue as mom would permit contact. One might also point out to mom that it's in her financial interest to encourage the relationship -- see the below snippet from the Supreme Court brief in Pasqua v. Council,.
His other option would be to file a motion and ask the court to enforce (or grant) parenting time, and to re-evaluate support if that's appropriate. He would need, obviously, a CIS and appropriate proofs to make his case. I would highly recommend that he pay at least something; if he can retain counsel (and if he can fly back and forth from Bora Bora) I don't see a judge buying that he can't make some payment toward support.
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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
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[4] Source: Federal Office of Child Support Enforcement:preliminary data from the 2000 Census. A state's appointment of counsel is not an indicator of how effective its child support collection rates are. Many states that comply with the constitutional mandate of appointing counsel for obligors facing jail have significantly higher collection rates than New Jersey. Awarding joint custody and enforcing parenting time orders remain the most effective indicators of child support compliance. 90.2% of non-custodial parents with joint residential custody and 79.1% of non-custodial parents with (enforced) shared parenting time pay child support on time and in full; only 44.5% of non-custodial parents with no contact with their children reliably pay child support. "Child Support and Alimony: 1989 Series" P 23, P-60, No. 173