US Legal Forms
Legal Resources
Questions & Answers
Contracts
Do I Need to Sign Foreclosure papers Because I'm Owed Back Child Support by the Owner?

Do I Need to Sign Foreclosure papers Because I'm Owed Back Child Support by the Owner?

Q: What is a purge payment in child support?

A purge payment is a sum of money that a parent can pay to avoid or lift a contempt of court order related to unpaid child support. By making this payment, the parent demonstrates an effort to comply with the court's orders, which can help prevent further legal action or penalties.

Q: How long after a default judgment can wages be garnished?

In New Jersey, once a default judgment is entered, the creditor can typically begin garnishing wages immediately. However, they must follow legal procedures, including notifying the debtor. It's essential to understand your rights and options if you face wage garnishment.

Full question:

My ex and father of my 2 children is going through foreclosure proceedings. I took him to court for child support about 6 months ago and recently they garnished his income tax and paycheck. His mortgage bank has contacted me and said that they will be coming to my house to give me some paper and will ask me to sign?? I told them i have nothing to do with his rental property and didn't even know his situation. They stated that they have to send everyone a letter that he owes money to. I find it strange that they have to hire an outside company just to issue me this paper.. please advise I am in NJ

Category: Contracts
Subcategory: Releases
Date: 04/07/2025
State: New Jersey

Answer:

If your name isn't on the loan, either as a debtor, cosignor, or guarator, then you are not responsible to repay it. We are unable to determine the nature of the notice and what document they want you to sign without seeing them, but they may want you to sign a release of some sort waiving your right to collect what you're owed from the proceeds of any foreclosure sale. It is important to understand the rights you are agreeing to forfeit if a waiver or release is signed. We suggest you consult a local attorney who can review all of the facts and documents involved. If they push you to sign before you understand the consequences of signing, you may respond that you need to have time to have it reviewed before signing.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Why is the child support system unfair?

Many argue that the child support system can be unfair due to perceived biases in favor of custodial parents, often mothers. This can lead to non-custodial parents, often fathers, feeling overwhelmed by financial obligations without adequate consideration of their circumstances. Additionally, some argue that the system does not account for the actual costs of raising children, leading to disputes over amounts and fairness.

What is a purge payment in child support?

Why is child support unfair to fathers?

Some fathers feel that child support laws disproportionately impact them, especially when they believe the calculations do not reflect their financial situations or the actual costs of raising children. Additionally, issues like wage garnishment can create financial strain, leading to perceptions of unfairness in how obligations are enforced.

How to win a child support modification case?

To win a child support modification case, you must demonstrate a significant change in circumstances since the original order. This could include changes in income, employment status, or the needs of the child. Gathering evidence, such as pay stubs and expense reports, and presenting a clear argument in court can increase your chances of success.

How long after a default judgment can wages be garnished?

What are the negatives of child support?

Negatives of child support can include financial strain on the paying parent, especially if their income changes unexpectedly. Additionally, disputes over support amounts can lead to legal battles, emotional stress, and strained relationships between parents. Some also argue that the system can create a dependency on support payments rather than encouraging shared financial responsibility.