Are Prior Arrests Relevant In Family Court When Enforcing Unpaid Child Support?

New Jersey divorce lawyerQuestion:

According to my state’s child support laws, I am in danger of being charged with a felony for nonsupport.

I already have a prior arrest record, though it is unrelated to failure to pay child support.

Will the judge take into consideration my prior arrests when issuing a judgment?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New Jersey divorce laws where I am licensed to practice.

A child support obligor who fails to pay child support faces a multitude of consequences that generally includes incarceration, revocation of his or her driver’s license, asset seizure, notification to credit reporting agency of past due amount, and electronic interception of state and federal tax refunds.

In my state, a person’s prior criminal convictions do not serve to enhance or influence the penalties a family court judge will impose on an obligor who fails to pay child support since the penalties are set forth by the family law statute and are considered civil penalties.

Thus, unlike criminal court, where the judge can certainly consider the defendant’s prior convictions during sentencing, prior arrests and convictions are essentially irrelevant in family court when it comes to enforcing child support obligations.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New Jersey Divorce Lawyer Christine A. Dolan, contact Cordell & Cordell.

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