NJSBA Family Law Section

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  • 1.  Motion to Get Child Support Funds From Probation

    Posted 03-10-2017 11:12 AM

    A longtime client just called me with this situation and I was wondering if anyone else has had this occur and may be able to send me a copy of the motion that has been filed.

     

    Husband and wife divorce long ago with husband obligated to pay child support.  He was $20,000 plus in arrears with client having a judgment against him. A piece of property was sold and husband's share was deposited into the court for payment to his son as  child support until son graduated from college.  Son Graduated in June of last year.  Yesterday, my client was informed by probation that there still are "a few thousand dollars" in the account and husband/father has passed away.  And she/his son should file a motion to have the money disbursed to the son.  Apparently this would be the only asset of the estate.  Father had one others son whose whereabouts is unknown. 

     

    My question is whom, if anyone do I serve the motion on and does anyone had a similar instance?

     

    Thank you for your anticipated assistance.

     

    Steve

     

    Law Office of Stephen D. Williams

    50 Main St., Ste. 3E

    Flemington, NJ  08822

    (908) 284-0074

    Fax (908) 284-0067

     

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  • 2.  RE: Motion to Get Child Support Funds From Probation

    Posted 03-10-2017 12:48 PM
    This doesn't sound right at all. If the money went to your client/probation based on her child support judgment, then it is not the estate's money, it is your client's. I would contact probation to try to figure out what's going on here.

    ___

    Michael A. Conte, Esquire
    Ulrichsen Rosen & Freed LLC
    114 Titus Mill Road, Unit 200
    Pennington, NJ 08534
    Direct Dial: (609) 559-1959









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  • 3.  RE: Motion to Get Child Support Funds From Probation

    Posted 03-10-2017 12:56 PM

    If the judgment and arrears were paid in full and now there is a credit balance for over payment, then the estate is entitled to the funds. If there are arrears owed to the son, then the money goes to the son.

     

    Alice M. Plastoris, Esq.

    Law Office of Alice M. Plastoris, Esq.

    82 Speedwell Avenue, 2nd Floor

    Morristown, NJ 07960

    Telephone No. (973) 538-7070

    Fax No. (973) 538-7088

    Email: [email protected]

     

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  • 4.  RE: Motion to Get Child Support Funds From Probation

    Posted 03-10-2017 03:03 PM

    Assuming that your client was the former Wife, and assuming that the decedent former Husband did not owe your client anything at the time of his death, the excess deposit would not belong to the former Wife but rather to the decedent's estate. If he left a Will, then distribution in accordance with the Will. If not, then distribution by intestacy which would exclude the former Wife but include the offspring. If the whereabouts of another son are unknown, I would suggest an Affidavit od Diligent Inquiry. You would also need to check with the Surrogate's office to make sure no one probated a Will.

    Good luck

    Gerry Skey

     

    Please make a note that my telephone and fax numbers have changed as indicated below.

     

    W. S. Gerald Skey, Esq.

    Law Offices of W. S. Gerald Skey, Esq.

    Princeton Commerce Center, Suite G-60

    29 Emmons Drive

    Princeton, New Jersey 08540

    Phone (609) 436-5222

    Fax (609) 228-5242

    www.skeylaw.com

     

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