Family Law

  • 1.  Wage garnishment outside of probation?

    Posted 01-26-2016 06:32 PM
    Two years ago, a judge ordered payment of a percentage of college costs and counsel fees through probation via garnishment, finding (on a specific motion request) that the expenses were "in the nature of support." Also helped that obligor paid $0 voluntarily in spite of 4 or 5 enforcement orders, and lived in NY, so a warrant would've been less effective.

    We just submitted a consent order modifying the total due (after child graduated and we now have a total due) and probation is saying they're not sure it should be paid through them - they've sent it up to the judge with a note questioning this.

    Assuming that the court will say it's not CS or alimony and thus they will no longer garnish, collect and disburse, my concern becomes the lack of compliance. Zero chance this obligor will pay voluntarily.

    Has anyone ever submitted an order (either consent or motion) to a Family Part judge for a wage garnishment to be paid directly to the obligee -- not through probation? I can't see any reason why they couldn't. If they can do it downstairs on a civil case, they should be able to do it on a Family case, no? If anyone has, any forms or other info appreciated.


    Thanks,



    <x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

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  • 2.  RE: Wage garnishment outside of probation?

    Posted 01-26-2016 08:56 PM
    David:

    In a civil case, once you have a judgment against somebody, you can make application for a wage execution to satisfy the judgment.

    So, if you reduce the obligation to a judgment, in the same application I do not see why a judge in the family part couldn't enter an order for a wage execution with payments to go directly to the judgment creditor.

    Robert E. Goldstein, Esq.
    Drescher& Cheslow, P.A.
    610 Bridge Plaza Drive
    Manalapan, NJ 07726
    www.drescher-cheslow.com
    www.mydivorcelawyernj.com


    Original Message


  • 3.  RE: Wage garnishment outside of probation?

    Posted 01-26-2016 09:05 PM

    I agree with Bobby.  Your judgment creditor client can use all of the tools available in the post-judgment collection toolchest.  I could see a requirement that the obligee will report all sums directly obtained, so as not to keep running up a tab that is being satisfied elsewhere.

    Just don't apply to have the guy jailed.  That was a joke.

    Hanan

     


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ

     

    David: In a civil case, once you have a judgment against somebody, you can make application for a wage execution to satisfy the judgment. So, if... -posted to the "Family Law Section" community

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    Re: Wage garnishment outside of probation?

    Image removed by sender. Robert E. Goldstein, Esq

    Jan 26, 2016 8:56 PM

    Robert E. Goldstein, Esq

    David:

    In a civil case, once you have a judgment against somebody, you can make application for a wage execution to satisfy the judgment.

    So, if you reduce the obligation to a judgment, in the same application I do not see why a judge in the family part couldn't enter an order for a wage execution with payments to go directly to the judgment creditor.

    Robert E. Goldstein, Esq.
    Drescher& Cheslow, P.A.
    610 Bridge Plaza Drive
    Manalapan, NJ 07726
    www.drescher-cheslow.com
    www.mydivorcelawyernj.com


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    Original Message

    Two years ago, a judge ordered payment of a percentage of college costs and counsel fees through probation via garnishment, finding (on a specific motion request) that the expenses were "in the nature of support." Also helped that obligor paid $0 voluntarily in spite of 4 or 5 enforcement orders, and lived in NY, so a warrant would've been less effective.

    We just submitted a consent order modifying the total due (after child graduated and we now have a total due) and probation is saying they're not sure it should be paid through them - they've sent it up to the judge with a note questioning this.

    Assuming that the court will say it's not CS or alimony and thus they will no longer garnish, collect and disburse, my concern becomes the lack of compliance. Zero chance this obligor will pay voluntarily.

    Has anyone ever submitted an order (either consent or motion) to a Family Part judge for a wage garnishment to be paid directly to the obligee -- not through probation? I can't see any reason why they couldn't. If they can do it downstairs on a civil case, they should be able to do it on a Family case, no? If anyone has, any forms or other info appreciated.


    Thanks,




    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222



     

     

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  • 4.  RE: Wage garnishment outside of probation?

    Posted 01-27-2016 09:10 AM
    Why not ask the Court to add the college expenses owed specifically as child support arrears and have an arrears payment of a significant amount (rather than the $15 or so per week the Probation normally allocates towards arrears)?  I think if it's classified as "child support arrears" in the Order, you should be alright.  I've done this before by consent without an issue from Probation.


    Gregory Thomlison, Esq.
    Kerr & Thomlison, L.L.C.
    650 Washington St.
    Suite 1C
    Toms River, NJ 08753
    Ph. (732) 736-8100

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    Original Message


  • 5.  RE: Wage garnishment outside of probation?

    Posted 01-27-2016 11:37 AM
    Greg -
    <x-tab>        </x-tab>That's what we did. I filed a motion 2+ years ago (when 2 years of college was owed - court ordered NCP to pay 68% of cost) and, as there had been five (5) enforcement orders with counsel fees and NCP hadn't paid any of them nor paid anything toward college, I asked the court to determine that the college costs were "in the nature of support" and have probation collect them via garnishment. Court granted the request and implemented garnishment. That order was never appealed nor modified.
    <x-tab>        </x-tab>Now, two years later, child is done with college and we were updating the amount owed to a "final tally" (subject to interest calculation when it's paid off). NCP got reasonable enough to sign a consent order this time.

    <x-tab>        </x-tab>Probation / Family Case Management is now balking about it going through probation.
    <x-tab>        </x-tab>Rather than arguing about this being a 2 year+ old order that wasn't appealed or modified, I figured it'd be easier if probation won't do it to just make it direct pay, but, in light of history, to keep garnishment in place.

    <x-tab>        </x-tab>Question -- NCP's employer obviously isn't a party. If NCP will sign a new consent order requiring garnished amount to be paid directly to client, can I just include this in the order? Is there a statute or something I'd need to cite? That's kind of where my question arose.



    <x-sigsep></x-sigsep>

    - Dave

    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222




    Original Message


  • 6.  RE: Wage garnishment outside of probation?

    Posted 01-27-2016 10:33 AM

    A few years ago, I was able to get a wage garnishment for collection on a judgment for college contributions through the sheriff's office after the probation department declined to do it, stating that it was not support.  Those checks still come in on a monthly basis.

     

    Dean R. Wittman, Esquire

    Zeller & Wieliczko, LLP

    120 Haddontowne Court

    Cherry Hill, New Jersey 08034

    Phone:  (856) 428-6600 Ext. 111

    Fax:      (856) 428-6314

    Website:  www.zwattorneys.com

     

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