NJSBA Family Law Section

I have a prospect that is looking to get a credit for child support payments from last October when DCPP permanently removed his child from mom's care and placed his 10 y/o with the maternal grandmother. He was unaware at the time because he has no relationship with his son, and DCPP hadn't informed him either. Was DCPP supposed to alert Probation and suspend support?  He was advised by probation that he should file a motion for credit?  I realize that his support should be/will be paid to grandmother (she's filed to adopt)... and grandmother should file to get payments from her daughter, but he's upset that he paid $3500 towards arrears at Christmas time and he assumes all of it was used for drugs and alcohol.

Thanks for any guidance.

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Henry Weinfeld Esq.
Woodbury NJ
(856)845-7851
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Henry:  Through an interdivisional agreement between DFD and DCF, the county welfare agencies are to handle the child support responsibilities for DCPP.  DCF makes the referral to the county welfare agency (CWA).  Not every case is referred to the CWA, however.  In situations where there is a child support order in effect between the parents, the CWA (after receipt of the referral from DCPP) may file a post-application/motion for the child support to be "flipped" to a separate probation account for the benefit of DCPP.  In your case, the father should file a post-application to terminate the child support obligation paid to the mother.  He will still be responsible for any arrears that existed at the time of the child's placement with DCPP.  If the CWA later pursues the father o/b/o DCPP, they would have to file a new complaint.  You may wish to contact the attorney for the CWA in the county in which the placement order was entered to see if that CWA is involved.  Please feel free to call me if you wish to discuss this further.
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Mitch Steinhart, Esq.
Bergen County Board of Social Services
Rochelle Park, NJ

201-368-4207
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