A New Jersey court recently ruled that a decedent’s estate was obligated to pay the amount of the life insurance policy the husband was ordered to maintain — and which he terminated prior to the child’s emancipation.  The father died an untimely death and the child in the case was still dependent on his mother for support.

If you’ve been ordered to maintain a life insurance policy to secure your child support obligation, you might want to think twice before canceling it.

A tip of the hat to NJ Family Law Blog for this informative post that includes a link to the court decision:

Child Support Obligations Live On After Death

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.

copyright 2011 Irene C. Olszewski

Early in my career as a lawyer, I accepted a court-appointment to represent a man who had been hauled into court for non-payment of child support.  My client was a nice enough guy, his lack of ability to accurately relate the facts of his case to me aside.

According to the Support Enforcement Officer, my client had a weekly support order of $50 but for the past year, he had only made $50 payments every other week.  When I asked my client why, he explained that he always made his child support payments on the day he got paid.  He paid in full, he assured me.  Every time.

I asked the Support Enforcement Officer to check his books and let me know if an error had been made.  They are actually known to happen, in case you were wondering.  I asked if perhaps an audit might be prudent.  The Officer smiled at me — actually, it was an annoyed frown but the smile makes the story warm and fuzzy. Okay, so he frowned at me and said, “Counselor, look for yourself.  It lists every payment made right here.”

I looked and sure enough, the ledger showed that my client faithfully made a $50 payment every two weeks.

I went back to my client and asked again why he only paid every other week.  He patiently explained that he always paid in full when he got paid.  Before I had a chance to say anything more, the marshal informed me that the Magistrate wanted to hear the case …. right now! Basically, that meant I was done interviewing my client.

We hurried into court.  I expertly opened my file, poised my pen as if I were about to commence writing The Gettsyburg Address, and signed my name to the Appearance Form.  (Hey, it was a Montblanc, okay?) I handed the form to the marshal and began my little lawyer speech.

“Your honor, my client is here for a …”

“I know why he’s here, Counselor,” interrupted the Magistrate. They do that a lot.  “Why hasn’t he paid his child support?”

“Well, your honor, my client gets paid every two weeks and he faithfully makes his payments then,” I explained.  “But there seems to be some sort of ….”

“Problem, Counselor?”  She interrupted again.  This was old hat to her, apparently.

The Support Enforcement Officer chimed in:   “Your honor, he does pay every two weeks but his weekly order is $50.”

“Well, sir, what’s the problem?”   The Magistrate was asking my client a direct question.  That’s always scary.

Cient:  “I pay my child support every time I get paid.  You know, like it says.”

Magistrate:  “How much, sir?”

Client:  “Fifty dollars, like it says.”

Magistrate:  “You pay fifty dollars every week?”

Client:  “Yes, every time I get paid.”

Magistrate:  “So you pay fifty dollars every week.”

“Client:  “Yes, when I get paid.”

At which point, I realize that what my client isn’t understanding is that he has a weekly order of $50 and if he gets paid every two weeks, he is supposed to pay …. hmmm.

Magistrate:  “You pay fifty dollars every …”

“Your honor,” I interrupt.  Sometimes they let you get away with that.

“I think I understand the confusion,” I state, sounding a whole lot like Clarence Darrow (or at least Jack McCoy).  “May I ask my client a question?”

She nods, hoping I have just deciphered the Da Vinci Code.

Me:  “Sir, do you get paid every week?”

Client:  “No, every other week.”

Me:  “Okay, so how much is your weekly child support order?”

Client:   “It’s fifty dollars.  That’s what I pay.”

Me: “Do you understand that if you are supposed to pay fifty dollars every week and you get paid every other week, then you have to double the payment in order to be compliant?”

Client: “Yes.”

Me:  “So what are you supposed to pay every two weeks?”

Client:  “Fifty dollars.”

The court room is packed.  We’ve got everyone’s attention, which is rare in a court room.  Even the lady with the baby who has been annoyingly snapping her gum in the front row all morning is sitting on the edge of her seat. People are snickering.  I am barely able to control myself from erupting into laughter but I am a professional.  I pinch myself hard.  Then I swallow (audibly, I think) and try again.

Me:  “Okay, sir.  If you have to pay fifty dollars EVERY week and you get paid every TWO weeks, how much are you supposed to pay from each paycheck?”

At which point, the entire court room simultaneously shouts:  “ONE HUNDRED DOLLARS!”

In case you were wondering, the Magistrate went easy on the guy.  It must have been my legal brilliance that softened her up.

Moral:  It’s really important to learn your arithmetic.

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.

copyright 2011 Irene C. Olszewski

Gideos Alper blogs on The Men’s Divorce Law Report. In “Don’t Make These 5 Facebook Mistakes,” he reminds divorcing men to be careful about 1) posting about things that you buy; 2) assuming you can say what you want if you make your posting private; 3) posting when you’re supposed to be somewhere else; 4) getting tagged (in photos); and de-friending your spouse, her relatives, her friends and her boyfriend.

His advice is equally applicable to divorcing women.

The problem with social media sites such as Facebook and Twitter is that people forget that they are not having a private conversation with a friend in their living room. During moments of anger and frustration, they post comments they may later regret and often reveal way too much information (which might later be used as evidence against them in court).

If you’re engaged in a divorce, child support or custody battle, stay off social media sites!

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.

copyright 2010 Irene C. Olszewski

When someone hasn’t paid court-ordered child support regularly, the party to whom it is owed has the right to bring a Motion for Contempt before the court. If a case is registered with the Support Enforcement Services, they will monitor the payments received and the arrearage balance. .

When the case ultimately goes before the judge or magistrate, the obligor (defined as the person who owes the child support) is often shocked at how much he or she actually owes in back support. It’s not at all surprising that the missed payments add up fast.

When the obligor is found to be in contempt of court, he or she may be ordered to cough up a large lump sum payment or spend some time in a cozy little jail cell. Faced with those choices, I’ve heard some wild proposals from obligors for paying off the back support.

My all-time favorite is the one from the guy who owed in excess of fifty-five grand. His proposal? Pay 50 bucks a month on the arrearage. Um, that would take him something like 87 years to pay off!

If you owe child support, pay it on time and in full to save yourself the hassle of being summoned to court. In addition to facing incarceration, a judge or magistrate may revoke your professional licenses, intercept your income tax refunds, require job searches, revoke your passport, and a variety of other unpleasant surprises.

If you are supposed to receive child support but the obligor fails to pay you, contact an attorney to find out the best course of action.

No matter what though, don’t settle for 50 bucks a month on a huge arrearage balance. You’ll be in a rocking chair by the time it’s paid off!

Judge Says No To Seven-Year Alimony Rebate

The Judge’s decision brings up a variety of interesting questions for divorced (or divorcing) couples with regard to the provisions of their separation agreements. One thing is for sure, motions should be filed in a timely manner!

If the inmate was incarcerated for a crime against either the child or the custodial parent, however, the court will NOT reduce the existing child support order.

Are there other ways to enforce my child support order?
What is an income withholding order?
What is a medical support order?
How does my daycare order work?

Fortunately, Connecticut’s Support Enforcement Services publishes a concise but helpful brochure designed to answer these questions and several others. The brochure also lists contact information for the agency.

Download: For Custodial Parent — Answers to Common Questions (available in .pdf format).

[Source: Connecticut Judicial Branch]

Crawford OKs continuation of jobs program for those who owe support payments

By TIM HAHN
tim.hahn@timesnews.com

MEADVILLE — Crawford County will continue a program that has generated more child- and spousal-support payments by helping those who owe them to find work.

County commissioners on Thursday approved a memorandum of understanding between the county’s Domestic Relations Office and Pennsylvania Career Link that will keep in place a 3-year-old program.

The county pays $3,190 per year for Career Link’s assistance in helping some people who are behind on their court-ordered support payments develop job skills and find work. Two-thirds of that amount is reimbursed by the state, Crawford County Court Administrator John Shuttleworth told commissioners Thursday morning.

Since the program’s inception in 2006, 344 noncustodial parents have participated in the program, Domestic Relations Director Carla Smith said.

The first phase of the program involved out-of-work people who owe support being referred to Career Link for assistance. Of the 144 clients who were court-ordered into that phase of the program between September 2006 and June 2007, 87 clients became employed or were otherwise removed from the program, and the county collected $86,000 in unpaid support.

During the second phase, in which Domestic Relations took a more active role in its clients’ involvement, Crawford County collected $144,000 in unpaid support, officials said.

The third phase, which started in February 2008, involved devoting a full-time Domestic Relations worker to the program to provide more one-on-one assistance to clients. That helped generate $32,543 in unpaid support in 2008 and $70,323 so far in 2009, Smith said.

Domestic Relations has averaged 15 to 20 clients in the program at one time during the third phase, with participation increasing because of the economy and the high unemployment rate, Smith said.

TIM HAHN can be reached at 392-7821 or by e-mail.

[Source: Florida Divorce Law Blog]

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.

copyright 2009 Irene C. Olszewski