NJSBA Family Law Section

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  • 1.  Direct Pay Collection Possibilities

    Posted 07-11-2018 11:28 AM
    Listmates:

    Client was previously convinced to convert the child support he receives from a probation account into a direct pay account.   Since such time $15,000.00 in arrears have piled up.  Any ideas on the most effective way to recoup as much of the missing money as possible? Has anyone found it more conducive to utilize a bank levy versus a wage garnishment? Any thoughts would be greatly appreciated.  

    Sincerly,
    Eric B. Hannum Esq.

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    Eric Hannum Esq.
    Manasquan NJ
    (732)370-9596
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  • 2.  RE: Direct Pay Collection Possibilities

    Posted 07-11-2018 11:30 PM
    Eric -
    <x-tab>        </x-tab>A motion to have it returned to probation in light of the default? Then let them do the legwork.

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    David Perry Davis, Esq.
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    www.FamilyLawNJ.pro
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    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223






  • 3.  RE: Direct Pay Collection Possibilities

    Posted 07-12-2018 06:25 AM
    David,

    Client would rather get a somewhat larger payment then the customary $10-30 more per week for arrears while also dealing with the probation games played by so many.  

    Since it's out of probation, couldn't he get a wage garnishment or a bank levy to collect?  Usually don't get involved in this end of the transaction, but this guy is struggling without the funds and want to get him some relief.  

    Best,
    Eric 





  • 4.  RE: Direct Pay Collection Possibilities

    Posted 07-12-2018 03:39 PM
    Eric -
    <x-tab>        </x-tab>If there's assets to be had, probation will go after them. The $10-30 (or % formula) probation uses is for the arrears payment, they'll also levy on accounts, run constant searches for assets / accounts through the Financial Institution Data Match system, throw liens on property. I don't recall all the specifics of it, but take a look at Retired Hearing Officer Norman Epting's deposition testimony in Kavadas, I remember him talking about FIDM as being the most effective method of collections after wage garnishment. It's on the site - http://dpdlaw.com/kavadas .
    <x-tab>        </x-tab>In sum, I'd send it back to probation. You can always do an asset search yourself, docket the CS arrears as a judgment, and levy on accounts / record liens against property. There's forms on www.njcourts.gov for a levy (I think they're under the Special Civil part or "enforcing a judgment" section).



    <x-sigsep></x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223






  • 5.  RE: Direct Pay Collection Possibilities

    Posted 07-12-2018 04:14 PM

    David:

     

    If you want to wait forever, rely on probation to take enforcement procedures. I already suggested Eric have judgment entered and institute collection procedures on his own.

     

    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

                                     

     

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  • 6.  RE: Direct Pay Collection Possibilities

    Posted 07-12-2018 06:35 PM
    Probation can be slow, but...the wheels of justice grind slowly, but very finely (or however that saying goes).

    I don't know of any reason that he couldn't do both. He'd get the FIDM system (as well as passport issues, automatic tax refund intercepts, etc) going, and could levy / lien / garnish independently as well on anything he finds.


    <x-sigsep></x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223