Superior Court of New Jersey, Law Division, Mercer
Decided: July 27, 2017
Raymond Meisenbacher, attorney for plaintiff (Raymond
Meisenbacher and Sons, PC, attorneys).
Sibilly, defendant, pro se.
legal issue here is whether child support is exempt from
levy, attachment and execution on a money judgment against a
filed a complaint for an unpaid medical bill on April 7,
2011. Judgment was entered by default on June 7, 2017, in the
amount of $1871.64 plus costs and statutory attorney's
fees. N.J.S.A. 22A:2-42. On April 14, 2017, a Writ of
Execution Against Goods and Chattels was issued. The Writ
gave credit for payments made and showed a total balance due
in the amount of$l, 653.38.
9, 2017, a court officer levied on an account of defendant at
JP Morgan Chase. The court officer gave notice of the levy by
affidavit. Plaintiff filed a motion for turnover of funds on
June 27, 2017. On June 30, 2017, defendant filed an objection
to the levy. The parties are thus joined in opposition to
each other's positions.
27, 2017, defendant testified that her supporting documents
were sent to plaintiffs counsel on July 20, 2017. Notice was
given to plaintiffs counsel of the hearing, and plaintiff
waived its appearance as is permitted under Rule
statute expressly covers child support as a basis for an
objection to a levy, but an analysis of the relevant law
warrants a conclusion that child support cannot be the
subject of a levy from an ordinary money judgment against a
on enforcing judgments makes only a judgment debtor liable.
N.J.S.A. 2A: 17-15, 16, 17, and 18. Unless there is some
exception, like an amercement action, N.J.S.A. 2A: 18-29 and
N.J.S.A. 40A:9-109, or an action against an employer that
refuses to implement a wage garnishment, N.J.S.A. 2A: 17-64,
the judgment can only be enforced against the judgment debtor
and not the debtor's children, friends or others.
right to child support belongs to the child and cannot be
waived by the custodial parent." Pascale v.
Pascale, 140 N.J. 583, 591 (1995) (internal citations
omitted). If a parent receives child support for his or her
child the money belongs to the child and cannot be used to
satisfy a judgment against the parent. Courts have
traditionally taken a parens patriae role in protecting the
best interest of the child on issues of child support.
Fahertv v. Fahertv, 97 N.J. 99, 110(1984).
Legislature has expressed the intent to enforce child support
orders. For example, wage garnishments served on an employer
for child support take super priority over money judgments.
N.J.S.A. 2A: 17-52. In addition, N.J.S.A. 2A: 17-56.8
provides a host of enforcement mechanisms for child support.
are entitled to the "services and earnings" of
their children. N.J.S.A. 9:1-1. Child support is typically
paid by the other parent from the other parent's services
and earnings. In this case the child support order shows the
calculation of child support was based on each parent's
adult parent enters into a contract, the contract is
ordinarily enforceable like any other contract entered into
by an adult. Allgor v. Travelers Ins. Co., 280
N.J.Super. 254, 262 (App. Div. 1995). A contract entered into
by a minor is not ordinarily enforceable because a minor can
disaffirm the contract. Ibid. However, a minor that
enters into a contract for ...