NJSBA Family Law Section

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  • 1.  Board of Social Services question regarding notice

    Posted 06-26-2018 12:10 PM

    Listmates,

         Sorry for the length but there needs to be a bit of background to gain an understanding.  "Briefly", my client was incarcerated for several years, and during that time his wife divorced him.  Unbeknownst to him his wife applied to social services for benefits, and at the same time waived her rights to collect child support so that when my client was released they could collect any due funds directly from my client for the services the board rendered to the ex-wife.

         My client, once released, went to court and submitted a notarized Consent Order wherein ex-wife acknowledged receipt of all child support arrears along with an additional $10,000.00 payment to her for extra funds client believed she was entitled to because he went away.  Judge vacated the arrears and credited his CS account the $10,000 not knowing this amount was due to the Board as his ex never told him that she received the benefits and the Board never gave him notice of them either. 
     
         Shortly after this entry of the Consent Order, the Board realized that the ex-wife had not informed him of his obligation and that she had committed fraud as she started to get child support again while also receiving benefits.  However, the Board decided that, despite my client's payment to his ex, and the judges' signature on their Consent Order that they would levy his accounts in and attempt to recoup their funds from my client. After some mild litigation it was determined that the should go after the ex in order to recoup their money. 

         The problem that I am facing is that on the current Motion for Reconsideration it seems that despite same "just not feeling right" the Motion for Reconsideration is mainly contesting the fact that they never needed to notice him.  I understand the necessity for  privacy to an extent, but it baffles me that an obligor could never be told about an obligation, his wife could hide the receipt of same, the judge could overlook the welfare number on top of his order, and that after all of this my client is the one who should just pay because "he was a criminal once".  I obviously know that my client can sue his ex, but after his past, he did not want to be the one who had to file against her. 

         Any thoughts regarding this matter, or case law regarding same would be greatly appreciated.  And as always, thank you in advance. 

    Best,

    Eric



    ------------------------------
    Eric Hannum Esq.
    Manasquan NJ
    (732)370-9596
    ------------------------------


  • 2.  RE: Board of Social Services question regarding notice

    Posted 06-26-2018 12:37 PM

    Eric:

     

    Rule 4:50-1 motion for relief from the order or judgment.

     

    There is a due process right to be served with and heard on the Board's motion to have him pay child support to the Board.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]

     

    Visit my personal website:  www.mydivorcelawyernj.com

    Member, Middlesex County Bar Association,  Monmouth Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

                                     

     

    IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed herein, unless expressly stated otherwise.

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  • 3.  RE: Board of Social Services question regarding notice

    Posted 06-26-2018 02:32 PM

    I second 100% what Bob said. You go after the original child support order under Rule 4:50-1. Especially since your client was incarcerated and his contact information readily available to the State, there's no excuse for an obligation being imposed by default. He could have successfully opposed it, and once incarcerated could've filed a motion to suspend it and to cement the retroactive date upon his release. There's case law on both.

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    David Perry Davis, Esq.
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    At 12:37 PM 6/26/2018, you wrote:

    Eric: Rule 4:50-1 motion for relief from the order or judgment. There is a due process right to be served with and heard on the Board's motion...

    Family Law



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    Re: Board of Social Services question regarding notice
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    Jun 26, 2018 12:37 PM
    Robert E. Goldstein, Esq

    Eric:

     

    Rule 4:50-1 motion for relief from the order or judgment.

     

    There is a due process right to be served with and heard on the Board's motion to have him pay child support to the Board.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]

     

    Visit my personal website:  www.mydivorcelawyernj.com

    Member, Middlesex County Bar Association,  Monmouth Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

                                     

     

    IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed herein, unless expressly stated otherwise.

    This E-Mail message and any documents accompanying this E-Mail transmission contain information from the law firm of Drescher & Cheslow, P.A. which is "Privileged and confidential attorney-client communication and/or work product of counsel." If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the taking of or refraining from taking of any action in reliance on the contents of this E-Mail information is strictly prohibited and may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and delete the message and any accompanying documents from your system immediately. Thank you

     
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