NJSBA Family Law Section

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  • 1.  Collection of Interest on Child Support Arrears

    Posted 04-20-2018 06:23 PM
    Any help with this?  Thanks in advance.
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    Posted yesterday

    Greetings,

    Any help with the following is greatly appreciated:

    [1] I represent Plaintiff regarding overdue post-judgment interest on child support arrears;
    [2] Defendant accumulated $40K+ in arrears (poor payment history since 1996);
    [3] Defendant fully paid arrears in February 2018 (had a financial windfall);
    [4] Post-judgment Interest on arrears (~$18K) is added to Defendant's arrears in March 2018;
    [5] Child Support Enforcement establishes repayment of interest at $50.00/week (Highest amount that can be generated administratively);

    QUESTION: What motion should I file (and against whom?) to compel payment?



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    WILLIAM N. SOSIS, ESQ.
    SOSIS LAW, LLC
    Rochelle Park Municipal Complex
    151 West Passaic Street, 2nd Floor
    Rochelle Park, New Jersey 07662
    Website: www.sosislaw.com
    E-Mail: [email protected]
    Tel: (201) 655-6400
    Fax: (201) 781-7855
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  • 2.  RE: Collection of Interest on Child Support Arrears

    Posted 04-21-2018 10:17 AM
    I'm presuming that he is failing to pay the Court Ordered $55 per week. Remedy is a motion to enforce litigant's rights. Probation will also sometimes bring these motions on behalf of the obligee if the arrears accumulate enough, but when/if they bring the motion has always seemed pretty random to me, so wouldn't rely on it.

    Alexandra Morgan, Esq.
    Lum, Drasco & Positan LLC
    103 Eisenhower Parkway
    Roseland, NJ 07068
    (973) 228-6725 (phone)
    (973) 403-9021 (fax)





  • 3.  RE: Collection of Interest on Child Support Arrears

    Posted 04-23-2018 10:12 AM

    I agree with Alexandra, and to her point about Probation filing a motion, in our experience, we've learned that when the obligee calls Probation A LOT, then they address it on behalf of the obligee.

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    Misty A. V. Avallone, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ