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Has Your Spouse Stopped Paying Alimony or Child Support?

Has Your Spouse Stopped Paying Alimony or Child Support?

Interviewer: What are the consequences if a paying spouse is either late or stops paying either alimony or child support?

Tanya: That is one of the reasons why the Property Settlement Agreement or Court Order calls for payment through Probation. You have a state collection agency working for you. If the person is chronically late, does not pay or does not pay for a long time, Probation keeps the accounting and the court can impose penalties. If support is not already being garnished from the person’s wages, they can do that.

They can take away your driver’s license. They can throw you in jail. They can take away your professional license. So if a person is a doctor or a lawyer or has some other license and he decides not to pay child support or alimony, the court can remove the license. Probation can take the payor’s tax refunds and can also prevent the payor from getting a passport.

Interviewer: Are child support and alimony treated equally in terms of the severity of non-paying? Is child support worse, or the same?

Tanya: Child support is worse and more common. But again, the court will look at the needs; and they have the discretion to penalize the person for failing to meet his obligation. They can take assets and sell assets of the obligor. They can levy against other assets. The record of the delinquency does not go away. A judgment can be entered for the unpaid amounts which can affect a person’s credit. There are many enforcement mechanisms which are used.

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  • Whippany Office
    575 Route 10 East
    Suite 1
    Whippany, New Jersey 07981
    Phone: 973-428-0800
    Fax: 973-428-0830
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    420 Lexington Ave.
    New York, New York 10170
    Phone: 646-213-9053
  • "Without Tanya and her time, the really unpleasant experience of getting divorced would have been even worse. They were able to settle the matter very quickly and helped me fit this into my tight schedule allowing me to leave to move abroad for my dissertation research on time without having to delay the trip because of the divorce. They also did all of it within my very tight budget. Thank you so much for your help and dedication to my legal matter!"  - AG

  • "Tanya and her Associates are outstanding! What I admire most about Tanya is her knowledge of the law with her keen negotiation skills to foster mediation. Her strategies efficiently resolve conflict leading to the resolution of cases. She and her team have an outstanding work ethic, know what data are needed, and get the job done. It is a pleasure to work with such wonderful professionals."  - Tara, Whippany

  • "I found Ms. Helfand's knowledge and tenacity most reassuring during the ordeal of my divorce. She was steadfast in her guidance and was very effective in her negotiations on my behalf. I would recommend her without a second thought. "  -Jonathan

  • "Ms. Helfand was very professional and helpful with our bankruptcy case. Her advice was very useful and helped us make the proper decisions for our situation. In addition, she was very supportive during a very difficult time for us. Finally, she set very specific fee expectations and there were no surprises when it was completed. I would use her services again and would recommend her, without question."

  • "She is Incredible, very quick responding to the other party. Very professional and courteous. I highly recommend her. She has a great passion and love for every single case."

  • "Tanya and her team were very professional handling my divorce proceedings. She was very proactive in making the other attorney finally get the process moving forward. I would recommend her to anyone looking for legal services. "  -Scott

  • "Ms. Helfand strategized & processed, both, my Divorce & Chapter 13 Bankruptcy. As both cases were emotionally and legally challenging, Ms. Helfand proved to be an empowering Mentor along the path to clarity for which I am truly grateful. I highly recommend her legal expertise to anyone who is seeking a confident, savvy & caring attorney to become at peace with self and any legal matters."  -Vas

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