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  1. #1
    Join Date
    Dec 2007
    Posts
    4

    Default Nonpayment of Support and Noncompliance With the Divorce Decree

    My ex-wife moved from NJ to SC with child support arrear in the amount of well over $15000++, and besides she owes me (as per divorce decree) over $20K+in college tuition, $3K+ in legal/ professional fees, $3K in joint marital debt, and some other miscellaneous.
    Needless to say Iím broke trying to cover all the expenses for a family of five, and me and my four children could use this owed funds.

    Iím applying to the NJ superior court for an arrest warrant in order to secure and/ or try to secure some type of payment and CS payment schedule.

    Also this lady is in contempt to court for not complying with the divorce decree.

    Please advice the following:
    - What is the process? Is the court required to star this process?
    - How do I go about getting this from the court?
    - Whatís the difference between a bench warrant and arrest warrant?
    - How is this enforced between the state of NJ and the state of South Carolina?

    Please keep in mind Iíve to do this by myself due to financial situation.

    Thank You, Iíd appreciate any/ all advice in this matter.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Nonpayment of Support and Noncompliance With the Divorce Decree

    You can wait for the child support agency to initiate collection or a contempt action (free for you, but they are often backlogged), or you can do so yourself (at your own expense).

    A bench warrant is a form of arrest warrant.

    Child support is enforced between states under a law called UIFSA (the Uniform Interstate Family Support Act), whereby one state can ask a prosecutor's office in another state to initiate collection proceedings.

  3. #3
    Join Date
    Dec 2007
    Posts
    4

    Default Nonpayment of Support and Noncompliance With the Divorce Decree

    Many Thanks for your previous replay/ information !!

    Could you or some one else please advice me how or what to do in order to place an "Lien" on this lady's property or assets, wether is real estate or any other asset she has.
    I understand that now this individual owns real estate property in SC, while I'm renting and still trying to make ends meet taking care of my 4 children and being a Mom/ Dad all at once. we the rising cost of living, we could or rather need that extra income more and more every day.

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