VERY interesting news coming out of the New Jersey Appellate Division: it is now possible to apply for a reduction or elimination of child support if the child is working full-time, going to school part-time, and still living with the parent receiving support. This is a big change – prior to today, going to school part-time and living at home meant child support continued.
The case is Gall v. Gall and you can read a synopsis here. (link opens in a new window)
In short, the relevant part is quoted below:
“A child over the age of eighteen, working full-time, and attending school only part-time, absent some unusual circumstances not evident in this record, is emancipated even if residing with a parent because his or her employment income is alleged to be insufficient to allow the child to live independently.”
If you or someone you know is in a situation like this, I may be able to help. Please call me at 973-584-5402 or email me at firstname.lastname@example.org.
Every few weeks, someone comes to me unhappy about something that a collection agency has done. Over the weeks and months to come, I will be highlighting some of the more common issues debtors encounter when dealing with these firms.
This week, we will discuss the ever-popular “oh no, they just took money out of my bank account when I already worked out a payment plan and now I can’t pay my other bills.”
The short question is usually, “HOW CAN THEY DO THIS?!?!?!?” The short answer is, “because they’re allowed.”
Here’s the skinny: Once these guys have a judgment against you, they’re allowed to collect it in pretty much any way they see fit. The first thing most firms will do is ask you to volunteer information about your assets, at which point they may opt to simply take whatever they please from you through the use of a sheriff’s officer. This can happen WHETHER OR NOT YOU HAVE WORKED OUT A PAYMENT PLAN WITH THEM. I can’t tell you how many people come to me aghast at the fact that a collection agency took their monthly payment AND everything out of their bank account. If you volunteer this information, they will use it against you!
It is extremely important to deal with these debt issues before they get to the judgment stage. If you’re served with any notice that anyone is suing you for any kind of money you owe, you should immediately contact an attorney with experience in this area to help you deal with the problem before it becomes completely unreasonable. Furthermore, if it does get to the point of collection, when you first receive notice that a collection agency is planning to garnish anything from you, you’re best served dealing with them through an attorney. It is exceedingly difficult to get anything concrete from these people without using an attorney to negotiate on your behalf. Your attorney may be able to settle the debt for a lesser amount or work out a payment schedule that is mutually acceptable to all parties.
If you have any questions or are faced with any sort of situation where you think a collection agency is coming after you in an overly aggressive manner, call me. I may be able to help you.