stay of enforcement

[venus72]

What is the name of your state? NJ My husband was hit by a car and injured his back6/21/02. (his ex wife hit him). Now 1 1/2 years later he is ready to go back to work and has found a good job. He is behind on his child support and he is worried about them garnishing his wages. My question is this.... in his final divorce decree 6/5/03 under child support it states "Defendant wife agrees that the enforcement on the $57.00 weekly support will be stayed pending resolution of the plantiff husbands Social security disability claim which has been filed. If approved the plantiff husband agrees that any existing child support arrears are be paid from any SSD he is to receive. If he does not receive SSD benifits , the parties agree that the child support arrears will then be paid from any settlement or recovery plantiff receives from an exsisting plantiff injury case. If plantiff father doesnot receive SSD benifits and does not recieve a recovery from his plantiff injury case, he agrees that he will then have an obligation to satisfy tthen exsisting child support arrears from his own sources" So untill these things have been determined i.e. SSD benifits, Lawsuit he has a legal stay of enforcement and his wages can not be garnished, nor can he be thrown in jail for back child support because the defendant agreed to stay enforcement, right?????Thanks in advance!!!

 

[Pfaffing85690]

The obvious question is why is he not suing her insurance company for the injuries, the disability and for pain and suffering?

And why is she not in jail.

As for the agreement, it's not worth anything until and unless a judge concurs with his/her signature. The mother and father cannot agree to withdraw from the responsibilities that the court has assigned to them.

 

[venus72]

He is suing her insurance company. We couldn't sue her directly because she has nothing. As for her being in jail if the act of her hitting him with a car was found to be intentional the insurance company would not cover him andwe would have to sue her personally then he would be stuck with all those bills so she skated out of any criminal prosecution. wE HAD TO GO AFTER THE INSURANCE COMPANY. His divorce decree is singed by a judge and has that gold seal on it. The divorce was in the same family court as the CS order.