NJSBA Family Law Section

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Ending probation involvement but retaining protections

  • 1.  Ending probation involvement but retaining protections

    Posted 04-14-2015 09:25 AM

    Client is owed a significant amount of back support ($70K+) for a child who was emancipated a couple of years ago.

    She knows that her ex doesn't have it.  He's now on disability, psych issues, etc.  She doesn't want to let it go because ex will someday inherit a whole lot more than the amount at issue.  However, no matter how many times she asks probation to stay enforcement, their computers kick in (sometimes every few months, sometimes after a year) and they go after the guy with the usual threats of jail, DL suspension (etc) until she takes the time and energy to ask them to stop (I'm sure it has to do with matching funds being based on the % collected and they're thus motivated to keep trying).  She has multiple (3) signed consent orders instructing probation not to take any enforcement action unless otherwise directed, but the orders are not, shall we say, being respected.

    Is there a way to take this out of probation - close that account -, but still ensure that client has all the same protections as far as a lien against any inheritance (or lottery winning, etc)?

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