I hired a lawyer over 4 months ago and we filed for child support. all the documents were sent up to the court and we were awaiting for the judge to submit the figures for child support. Nothing has been done yet and I am still not receiving payment.

The only payments I was receiving which also has not changed was for Medical Support since the children are insured under me. Because I had hired an attorney I would think this would have been resolved quickly. Everything was submitted accurately and in a timely manner and sent to the court of New Brunswick NJ. It has been over 4 months and I have not received any information and my lawyer has sent numerous emails to the court.

A) I understand your frustration. It is not right that you are not receiving child support even though you have a lawyer and have filed all the necessary paperwork.

According to the New Jersey Child Support Program, the process of establishing and enforcing a child support order can take several months, depending on the complexity of the case and the cooperation of the parties. Some of the factors that may affect the duration of the process include:

  • Locating the non-custodial parent and verifying their identity
  • Establishing paternity, if necessary
  • Calculating the amount of child support based on the New Jersey Child Support Guidelines 
  • Filing a motion or application with the court and serving it to the other party
  • Scheduling and attending a hearing or conference before a judge or hearing officer
  • Obtaining a final order from the court and sending it to both parties
  • Implementing income withholding or other enforcement methods to collect support payments 

If you have already completed all these steps and are still waiting for a response from the court, you may want to contact the Family Division in the county where your case is filed and inquire about the status of your case. You may also want to consult with your attorney and discuss your options for expediting or appealing the process.

There can also be a few reasons why your case might not be moving forward. One possibility is that the judge is waiting for more information, such as income verification from the non-custodial parent. Another possibility is that the judge is simply backed up and it is taking longer than usual to get a decision.

Your lawyer should be able to tell you more about the status of your case. They should also be able to contact the court and inquire about the delay. If the court is not responding to your lawyer’s emails, you may need to file a motion to compel the court to act.

In the meantime, there are a few things you can do to try to get child support payments started. You can contact the non-custodial parent directly and ask them to start making payments. You can also file a wage garnishment order, which will require the non-custodial parent’s employer to withhold child support payments from their paycheck.

Here are some general guidance on what you might consider doing in this situation:

  1. Contact Your Lawyer: First and foremost, it’s important to maintain communication with your lawyer. Reach out to them and inquire about the progress of your case. Ask for updates on the communication with the court, and express your concerns about the delay in receiving child support.
  2. Review the Agreement: Take a look at the agreement you have with your lawyer. It might outline the expected timelines and steps for the legal process. If there are any specific terms about communication and updates, make sure those are being followed.
  3. Contact the Court: You can consider contacting the court directly to inquire about the status of your case. Find out if there are any hold-ups, additional documents required, or any issues causing the delay. Keep a record of any communication with the court.
  4. Legal Remedies: If communication with both your lawyer and the court doesn’t yield any results and the delay continues, you might want to discuss potential legal remedies with your lawyer. This could involve filing a motion to expedite the process or requesting a status update from the court.
  5. Professional Conduct: If you continue to face difficulties in receiving updates or progress, you might want to consider discussing the situation with your lawyer in a frank but respectful manner. Discuss your concerns about the delay and the need for resolution.
  6. Consider a Second Opinion: If you feel that your current lawyer is not adequately addressing your concerns, you might consider seeking a second legal opinion. Consult with another lawyer to get their perspective on the situation and to evaluate whether your current representation is handling the case effectively.

Remember, each legal case can have unique factors, and laws can vary depending on jurisdiction. It’s always a good idea to consult with a legal professional who is familiar with the specific laws and regulations in your area. They will be able to provide you with the most accurate advice and guidance tailored to your situation.

If you are still not getting child support payments after taking these steps, you may need to file a contempt of court motion against the non-custodial parent. This will force them to appear in court and explain why they are not complying with the child support order.

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