NJSBA Family Law Section

Hello all!

Have a potential client whose husband moved to PA several years ago but has accrued a child support arrears balance in the sum of $85,000.  Client informs me that her ex really does not work conventional jobs and that she was never really sure where he made his money.  Under normal circumstance (ex working a W-2 position) I would file a UIFSA action and the matter would go to PA and they would be able to go after him but I am not sure if UIFSA will help her since he is not "employed" on a regular basis.  Any ideas would be greatly appreciated.   

TIA,

Eric

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Eric Hannum Esq.
Jackson NJ
(732)370-9596
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Eric:  If there is no NJ property to attach, then you may have no choice but to send this to PA for enforcement.  NJ probation can take action resulting in a warrant, but it may only be effective at the stateline.  Some probation departments will take it upon themselves to file a UIFSA registration for enforcement only to other state.  The question becomes what PA will do with it.  An alternative may be for a private PA attorney to file directly with the PA court and then appear for the enforcement proceedings.  Or, perhaps there may be federal relief for wilfull non-support. 

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Mitch Steinhart, Esq.
Bergen County Board of Social Services
Rochelle Park, NJ
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18 U.S.C. § 228 : 

"Offense.--Any person who-

(1) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000;

(2) travels in interstate or foreign commerce with the intent to evade a support obligation, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or

(3) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000; shall be punished as provided in subsection (c).

Presumption.--The existence of a support obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the support obligation for that time period."

Charles Abut Esq.
Hackensack NJ
(201)342-0404