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Detailing New Jersey’s income withholding guidelines

by The Law Firm of Michael S. Rothmel, LLC | Sep 7, 2017 | Child Support

While most divorced parents who are obliged to pay child support may not have an issue supporting their children, missed payments remain a problem both in Mount Holly and throughout the rest of the U.S. Those who have been named as obligees of a child support agreement may fear that any unsettled disputes between them and their ex-spouses may prompt obligors not to pay. However, in many cases, child support payments are not made through an “on-my-honor” system (meaning that it is simply left up to the obligor to make his or her payments). Rather, if an obligor has regular employment, he or she is required to pay through an income withholding. 

According to the New Jersey Judiciary, since the passage of the federal Family Support Act in 1988, income withholding for child support payments has been mandatory. What this means is that an obligor’s employer is notified once a child support agreement has been enacted. The employer is then required to withhold the amount specified from the obligor’s paycheck and send that withheld amount to the New Jersey Family Support Payment Center. If and when an obligor leaves his or her job for another, it is up to him or her to notify state officials of the change so that a new withholding arrangement can be made with his or her new employer. 

Section 17-56.8 of the New Jersey statutes detailing the Administration of Civil and Criminal Justice show that withholding can not only be applied to an obligor’s wages, but to other forms of income, as well. These can include: 

  • Unemployment benefits
  • Trust fund dispersals
  • Profits from investments 
  • Debt claims

The income withheld from an obligor can be applied towards health insurance premiums, payments for paternity testing as well as arrears on top of his or her monthly support payment. 

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