Child Support Enforcement: What is a Writ?

Mend My Marriage Course Save your marriage from divorce on momversustheworld.com

Introduction 

As I was filing a motion with the court this week, a friend of mine asked me, “So, what is a writ anyway? ” It’s funny how now that I have been engrossed in legal jargon for the better half of 5 years, I just assume everyone has self-studied law and could likely pass the NJ State Bar like myself. But nope, not everyone’s life is nearly as insane as mine is.

A candidate for the MVP of the child and spousal support enforcement team is called a writ, which might sound like some medieval sorcery, but I promise it’s legit. But I can tell you from first-hand experience that the enforcement part of the legal system, at least in NJ, is one of the most frustrating

You see, a writ is sort of like a VIP pass that allows the authorities to, well, enforce child support payments on command. It’s what you get when you’re named the winner in the high-stakes, no-reward game of separating parents who can’t agree on who owes whom money for little Timmy’s soccer lessons and dentist bills.

So, how does this royal decree work in the land of child support? A court order, also known as a writ, grants one parent (typically the one in charge of the kids) the almighty power to collect cash from the other parent, usually through very mundane methods like deducting it from their paychecks. All hail the mighty writ, master of dull yet critical legal paperwork!

What is a Legal Writ in Divorce, Child Support, and Alimony?

Child support writ of garnishment

Child support writ of garnishment

Ah, divorce—the game where everybody loses, except for maybe the lawyers. Now, when it comes to child support and alimony, collecting what’s owed can sometimes feel like extracting treasure from a ruthless pirate. But fear not, fellow warriors, in the battle against unpaid support; there’s a tool you can use to make things a bit easier: a writ.

A writ, you ask? That’s right! It’s a fancy word that comes from the land of legalese, and it’s a court order that, among other things, can be used to enforce judgments in cases like divorce, child support, and alimony. Because, let’s face it, sometimes people need a little nudge—or a legal shove—to actually pay what they owe.

Imagine you’re in a state where the critically acclaimed show “Deadbeat Parents” is filmed. The state has its own collection of rules and regulations on how to handle money matters in a divorce or child support case. But worry not, because a writ is a universal ticket that can help you challenge and triumph over these pesky collection disputes. In fact, you might find yourself turning to Rule 4:59 , which outlines the wonderful world of writs, to help you in your righteous quest.

As you bravely use this legal weapon on the battlefield of broken marriages, you’ll soon discover that a writ can come in different forms, much like your favorite ice cream flavors (only it tastes like sweet, sweet justice). Some common types of writs include writs of execution, wage garnishment, and levies on bank accounts, among others. Just pick your sno-cone of justice and fight the good fight.

Bear in mind that I must maintain my integrity and caution you against erroneous swordplay with writs. The court will not give you a writ simply because you’re frustrated with your ex not paying what they rightfully owe. After all, who wouldn’t be, right? You have to prove your case in a hearing, and only then can the court bestow upon you this mighty enforcement tool.

To sum it up, a writ is like a legal Swiss Army knife that allows the court to enforce its decisions. Whether your ex is shamelessly dodging their responsibilities or hiding treasure in an elusive offshore account, a writ will help you set things straight. All jokes aside, remember that knowledge is power, and the legal field is no exception; wield this power wisely.

What is the difference between the types of writs?

Type of Writ Definition Additional Notes

Writ of Execution

When you’ve won in court but still can’t get your hands on what’s rightfully yours, this writ tells the sheriff to go grab it for you. It’s like a legal treasure hunt, but the sheriff does the digging.

Writ of Mandamus

This is the “Get Off Your Ass and Do Your Job” writ for government officials. You better have no other options, because this isn’t a Plan B kind of thing.

Alias Writ of Arrest

Think of it as a “You Can’t Dodge Me Forever” warrant for civil wrongdoings like not paying child support. It’s not criminal, but you’ll wish it were.

Writ of Replevin

Got something taken from you illegally? This is your “Give It Back, Now!” order. The court holds onto your stuff like a responsible adult until things get sorted.

Writ of Control

This writ is your golden ticket to employ High Court muscle to seize and sell someone’s stuff to pay off their debt to you. It’s like a yard sale, but with more legal paperwork.

Writ of Fieri Facias

Latin for “Make it Happen,” this writ tells an officer to seize property and sell it to pay off someone’s debts. It’s like an episode of “Storage Wars,” but you’re the one cashing in.

Writ of Certiorari

The court’s way of saying, “Fine, I’ll look at it,” when they decide to review a lower court’s decision. It’s the judicial equivalent of a teacher double-checking a student’s homework.

 

Sheriff vs State: The Writ Showdown

Let me tell you something about child support enforcement. There I was, minding my own business, when suddenly I learned about these pesky things called writs. It’s a showdown between sheriffs and the state, and just like a bizarre reality TV show pilot, the drama unfolds as both parties try to outdo each other.

As the not-so-custodial parent, it turns out that the state can issue a writ when it comes to income withholding or even property seizure. Oh joy! A writ is basically a command from a higher authority (like a court or a judge) directing a lower official (like the sheriff) to take a specific action. Think of it as a legal game of Simon Says.

The Writ of Execution is one example of this incredible power, directing the U.S. Marshal to enforce and satisfy a judgment for the payment of money. Who knew that marshals had such a knack for turning you upside-down and shaking out all your loose change?

Now picture this: In the world of child support enforcement, sheriffs and the state have a lovely time playing hot potato with these writs. I can imagine the sheriff, donning a cowboy hat and sunglasses, strutting to the courthouse with a stack of papers, shouting “Income withholding for you!” and “Property seizure for you!” like a twisted Oprah of law enforcement.

But in all seriousness, writs are an essential part of the child support enforcement process, ensuring that the custodial parent receives the financial support they are entitled to. Just remember, when that showdown happens between the sheriff and the state, it’s for the greater good of the children involved. No one wants to see kids suffer because of the legal game of “who has the better writ?” But at the end of the day, who doesn’t appreciate a little drama?

Family Feuds: Writs, Liens, and Judgments

Ah, family feuds—where the emotional stakes are high and the legal battles reflect the drama of a telenovela. If you’re like me, you’re probably wondering how a writ fits into the dizzying world of family law. Well, buckle up, because we’re diving into the kaleidoscope of writs, liens, and judgments!

Funnily enough, a writ is basically a super fancy invitation from the court requesting the pleasure of your bank account’s company in the land of garnishment. It’s a legal document that orders a person or institution, such as an employer or bank, to follow a court’s instructions regarding unpaid child support. In essence, it’s a fancy piece of paper that says, “Hey, buddy, show me the money!”

Now, wouldn’t it be hilarious if we stopped here? But alas, we weave a tangled web when family feuds and finances intersect. Enter the lien—the cousin of the writ who rummages through your property with the sole intention of collecting your outstanding child support dues. A lien is the legal equivalent of a mischievous raccoon rummaging through your prized possessions until it finds what it wants, be it your cherished car or your dream home.

So, we’ve got writs and liens strutting their stuff in our family law soap opera; now it’s time for judgment to take the stage. I don’t mean some divine retribution, but instead, civil contempt—lawyers, judges, and courts clashing in disharmony (cue dramatic music). Civil contempt is basically the court’s scathing disapproval of a person for not obeying a court order (such as paying child support). It’s like when your mom says, “I’m not mad; I’m just disappointed,” but with actual legal consequences.

Family law can be a tragicomedy teeming with ironic situations and absurd circumstances, so it’s important to see the humor in the complexity of writs, liens, and judgments. Thanks to me, you now have a front-row seat to the fabulous fiasco that is child support enforcement. Remember, though I’ve brought humor to the party, don’t neglect the seriousness and accuracy of the topic. Enjoy the show, but stay informed!

The Things They Don’t Tell You About Child SupportWrit of garnishment for payment of child support

Oh, child support enforcement. Just when you think you’ve got it all figured out, they throw you a curveball. I mean, everyone knows about wage withholding, but have you ever heard of a writ? Yeah, me neither. So, let me fill you in on those juicy details they don’t tell you about.

First off, let’s talk about the office of the attorney general. You know, that fancy government agency we always hear about but never fully understand what they do? Well, in terms of child support, they enforce it (cue dramatic music). They’re the ones who issue wage withholding orders and make sure parents are paying what they’re supposed to. They can be your best friend or your worst nightmare, depending on which side of the fence you’re on.

Now, let’s discuss writs. A writ is like that hidden menu at In-N-Out Burger—nobody really knows about it, but it’s there, and it’s real. A writ is a fancy term for a court order, specifically used in child support enforcement. There’s one called habeas corpus (Latin for “produce the body”). In a child support context, it’s used to get someone out of jail when they’re held in contempt of court for not paying their dues. I bet you didn’t know there was a “get out of jail free” card for that, huh?

And speaking of contempt, it’s not just for glowering looks exchanged in divorce court. It’s also a legal term for when someone isn’t paying their child support. It’s like when you’re late with your rent, except it’s way worse because now you’re the bad guy in a judge’s eyes. Talk about pressure.

Attachment is where things get extra spicy. If you thought wage withholding was aggressive, you haven’t seen anything yet. When a parent isn’t paying up, a court can order a property attachment. They can actually seize things like your house, car, or even lottery winnings (because we all know deadbeats love to gamble). It’s like a game of Monopoly, except instead of passing “Go,” you’re getting a major wake-up call from the court system.

So, there you have it—the things they don’t tell you about child support enforcement. Now you’re well-versed in the fine art of writs, forfeitures, and attorney general interventions. I bet you didn’t think you’d ever have this much fun learning about child support, right?

From Earnest Obligations to Unpaid Child Support

Ah, unpaid child support, the bane of existence for many an obligee (that’s the parent who’s owed the money, for those not in the know). I mean, what’s more scenic than a parent on the hunt for the cash they’re owed while the obligor (the one who’s supposed to be paying child support) is just like, “Eh, maybe later?”

Now, some may think that child support is a hippie-dippie-walk-in-the-park kind of affair, but let me assure you, it’s anything but. See, there’s this little thing called “current support,” which is the financial nudge the court gives an obligor to be a good sport and provide for their kiddos. But, as we all know, a nudge doesn’t always turn into actual support being paid.

So, what’s a poor obligee to do when current support transforms into unpaid child support? Why, they get a writ, of course! And in case you’re wondering, no, a writ isn’t the latest dance craze. It’s a formal, legally binding document to get that pesky obligor to hold up their end of the bargain.

So, let me paint a picture for you. The obligee, strapped for cash, heads down to ol’ Courthouse Central and is all, “Hey, Judge Judy, can I get a writ to force Mr. Obligor to stop being such a flake?” And if Judge Judy is feeling generous and the laws are aligned in their astronomical favor, the obligee gets their writ.

This, my friends, is the enchanting and slightly twisted world of unpaid child support enforcement. Strap in and prepare for a bumpy ride on the Writ Express, because there’s nothing quite like battling the bureaucracy to get the money you’re owed. And remember, kids, don’t try this at home unless you’re mandated to do so.

The Child Support Rollercoaster: Garnishments, Paternity, and Safety

Ah, the joys of child support enforcement. If only it were as simple as hopping on a rollercoaster and enjoying the ride. But no, we get to embark on an adventure filled with garnishments, paternity, and safety protocols instead. Buckle up, folks! We’re in for a wild ride.

So, let’s start with garnishment, shall we? It’s like ordering a meal and having the waiter take half of it away before you can even take a bite. In child support terms, garnishment is when a court orders the non-custodial parent’s wages to be withheld, ensuring a portion goes straight to their child without passing “go” or collecting $200. A writ of withholding is the golden ticket to this exciting process, giving the green light for a percentage of the parent’s paycheck to go directly to their kiddo’s needs. Sure, it’s not as thrilling as a loop-de-loop, but it gets the job done.

Next up: paternity. Picture a game show called “Who’s Your Daddy?” Contestants are handed envelopes with DNA results. Some are excited to be a part of their child’s life, while others… let’s just say they’re not thrilled to be the lucky winners. Establishing paternity is a crucial step in the child support process, allowing courts to accurately determine the responsibilities of each parent. I mean, you can’t exactly garnish someone’s wages if you’re not sure they’re the parent, right?

Finally, let’s talk safety. No rollercoaster ride would be complete without ensuring the passengers are all securely strapped in. In the world of child support, sometimes the non-custodial parent might not play nice, creating potential safety concerns. Courts often have measures in place to protect custodial parents and their children, – confidentiality provisions when necessary and even supervised visits if things get really bumpy.

So there you have it: garnishments, paternity, and safety—the thrilling and oh-so-ironic world of child support enforcement. Who needs theme parks when you’ve got all this excitement right at your fingertips?

Support Enforcement: Boulevard of Broken Laws

Let me tell you a story. One day, I was strolling down the list of broken laws and stumbled upon a legal gem: the writ. Let’s dive into the exciting world of child support enforcement, where the family code, child support obligations, medical support, and execution form the foundation of this legal funhouse.

Now, you might be wondering, What is this mystical writ? Imagine a powerful piece of paper that can turn law-abiding citizens into sweaty messes, making them more elusive than a greased-up pig at a county fair. A writ is a formal written order issued by a court compelling a person to comply with a child support or medical support obligation. Scary, I know. I can’t resist the irony: when the family code and heartwarming matters like child custody collide, we end up with a paper chase worthy of Hollywood.

Did you know that child support obligations can be as daunting as trying to solve a Rubik’s cube while blindfolded? This term refers to the financial responsibility parents have to pony up for their offspring. Let’s not forget the irresistible intricacies of medical support and the action-packed roller coaster of securing health insurance for the little ones. Who knew a simple thing as health could make your head spin faster than a tilt-a-whirl?

But the real star of the show is the execution. No, not that kind, you dark, twisted soul. We’re talking about the enforcement of support orders, the driving force that wraps this drama into a bow. Think of your most persistent ex, who just won’t take no for an answer, and multiply that by ten. That’s the vigor with which the courts go after child support dodgers.

In the end, dear reader, strolling down the Boulevard of Broken Laws brings a cacophony of emotions, a whirlwind of conflict, and unforgettable adventures. But, hey, at least we have a funny and witty divorce law story as a souvenir.

The Paradox of Judicial Oaths and Real-Life Enforcement

Child support enforcement is a mix of criminal offenses, responsibilities, and non-compliance with court orders that resembles a legal circus. When it comes to writs, it’s like asking a penguin to fly—you know it theoretically could, but something’s blocking it from taking off.

As a neutral observer, I can’t help but chuckle at the court’s unyielding determination to uphold the judicial oath “Administer Justice.” Here’s a system that strives to maintain exclusive jurisdiction, keep a watchful eye on accumulated arrears, and provide access to a child. It’s like a hall monitor with a black robe and a gavel.

Imagine a weekend parent trying to use intentional divorce delay tactics, thinking they’re outsmarting the system. Cute, right? Well, that happened to me and unfortunately continues to.  Sometimes I have to wonder, How many skeletons are in these judges’ closets?

Let’s talk about lying under oath. Dishonesty sits on the same table as bringing a skateboard to a chess match. Sure, it might seem like a smooth move, but it only distracts from the game we’re playing. And who watches the watchers? With the court playing referee to these frivolous games, the responsibility of catching fibs falls squarely on its shoulders.

The irony of judicial bias shouldn’t go unnoticed. I have seen firsthand how this can affect cases and have proof that I may pursue justice one day, not so far away. But can we really protect ourselves from the courts when they are biased, especially when they’re knee-deep in this tangled mess? Most states claim immunity from any wrongdoing and the only way I see going after it is with a claim on Constitutional Law, or the Civil Rights Act of 1871, also known as 1983 42 U.S.C. §.  Stay tuned for that one, because I do plan to explore.

So next time you’re caught up in the swirling whirlpool of child support enforcement, take a moment to notice the absurdity of the incongruities’ within the judicial system, what really happens, versus what the law actually states, especially when you are pro se. Just remember, no one has your back in the courtroom except the person standing behind it with a knife (figuratively, not literally), so come prepared, tune in, and take notes, boys and girls.