Child support is a crucial part of family law and ensures that children do not financially suffer due to the relationship between their parents. When a parent fails to fulfill their court-ordered financial obligations, there are various legal paths to enforce payments. One of these options is through a child support lien. Understanding what this lien does and how it functions is important for both the custodial and non-custodial parent. Continue reading and consult with a knowledgeable Sparta child support attorney for more information today.
What is Child Support?
Child support is a financial obligation ordered by a family court that requires one parent to contribute financially to the cost of raising their child. When two parents separate or divorce, a custody arrangement will be created. The custodial parent who cares for the child most of the time will generally be awarded child support in the form of monthly payments from the non-custodial parent.
These payments are designed to help cover the child’s basic needs, including housing, food, clothing, education, and more. This ensures that the child is not adversely affected by the separation of their parents and that their financial needs continue to be met by both parties.
What is a Child Support Lien?
A child support lien is a legal claim placed against an individual’s property when they owe unpaid child support. The outstanding debt is often referred to as arrears. In general, a lien gives a certain individual or entity the right to take legal action against a debtor’s property in order to collect money owed to them. In terms of a child support lien, the money owed is to the custodial parent.
The New Jersey Child Support Enforcement Program uses a variety of tools to enforce unpaid child support, including wage garnishment, bench warrants, suspension of driver’s and other licenses, tax refund interceptions, seizure of cash, passport denial, and more. Placing liens on property and assets is a popular method of collecting unpaid child support obligations.
Liens can be placed on various types of property, including the following.
- Homes and property
- Vehicles
- Bank accounts
- Business assets
- Personal property
Depending on the asset it’s placed against, the lien could prevent the individual from selling or transferring ownership of property or freeze funds in a bank account until the debt is paid off.
How Can the Lien Be Removed?
If you owe money in child support payments and a lien was placed on your property, you are likely eager to have it removed. In order to do so, contact the local Probation office to inquire about your judgment. You must pay off any child support arrears and outstanding interest before filing a Warrant to Satisfy Judgment with the court.
If a lien was placed on your property or if your child’s other parent has failed to pay child support, it is important that you acquire legal representation. Reach out to a skilled family lawyer today for more information.