Direct Deposit vs Probation Department for Child Support
Direct Deposit vs Probation Department for Child Support Payment Attorneys Brick NJ
Unless there is a certain level of amicability between the spouses in a child support situation, direct payments are often not the best option.
Everybody is trying to find efficiencies that enable them to have more time for family, hobbies, or sports. Modern life sometimes seems like a constant search for just a little more time to devote to our favorite people and past-times.
This is exactly why people often choose to have their paycheck deposited directly into their bank accounts. It helps them to avoid the frustration of lost time while waiting in long lines at the bank on payday.
People who collect child support have a decision to make on a similar issue: whether or not to have the payor or obligor (which means the spouse paying out the child support) deposit money directly into the designated bank account of the obligee or payee (which means the spouse receiving the child support). This arrangement does offer two conveniences. The obligor and the obligee both are relieved of ever having to deal with a middle authority. And the obligor (or payor) may be spared from having to arrange the payments with their employer’s financial staff, thus keeping their employer from being involved in the details of their personal life.
But there are downsides.
The major one is accountability.
Unless there is a certain level of amicability between the spouses in a child support situation, direct payments are often not the best option. If you and your former spouse have a strained relationship, it is probably not the wisest thing to rely on monetarily on him or her. It may in fact add a great deal of stress to your life.
If you decide to utilize direct deposit, this amicability and ability to rely on a former spouse become very important because you will be responsible for keeping track of the money received. In a stressful divorce, it can be an added layer of stress to keep track of those records.
The biggest reason, however, is that you will have limited resources if the payor fails to meet the conditions of the child support agreement and does not follow through on his or her commitment.
There is another option, however. You can receive child support through the state’s Probation Department. In fact, this is the option that the courts usually default to. The Probation Department is a third party that will collect the money directly from the obligor’s employer.
What are the Benefits of using the Probation Department?
There are several benefits to utilizing the Probation Department as your middleman. They will do all the tracking, records maintaining, and overseeing the disbursement of the money. Plus, the Probation Department has several means at its disposal to ensure that the child support continues to be paid regularly. They can do things like seizing the payor’s tax refunds, suspend his or her driver’s license, or, if more than $5,000 is owed, they can deny the payor a passport.
Both of these options—direct deposit and the Probation Department–have pluses and minuses that are specific to each family’s situation. As we mentioned earlier, with direct deposit you will have a larger amount of control but will lose the benefits of the oversight of a third party that has some tools at its disposal to ensure payment.
As with any institution, government or otherwise, mistakes can occasionally be made. Therefore, with either option, you will need to keep your own records. This will ensure that you’re receiving or sending the right amount of child support. Being proactive is the key to success in this instance.
Many factors go into determining the fairest arrangement in making child support payments. These factors usually do not remain static. To meet changing needs, you can, in most cases, go from direct payment to probation and back again. Sometimes, though, depending on how reliable the payor has been, the court may hesitate to change the arrangement from the Probation Department’s management to direct deposit.
Retain a Brick, NJ Child Support Lawyer Today
Discussing your situation and your options with a knowledgeable family attorney can bring you real benefits in the long run. At Family Law attorney Peter J. Bronzino we want to work to spare you from the worries that so many families feel when it comes to child support. We are ready to help you in any way we can. Put our experience to work for you.