NJSBA Family Law Section

New client is being told that he owes about $10,000 to the Ocean County Board of Social Services.  Client went to prison a few years ago.  While in prison, his wife divorced him and because of this she was required to get aid for the children.  Subsequently, the Board got involved and she started to get services.  Client was served at his former residence (wife's house) with the details about the services and the fact that he would be required to repay the Board once he was released.   

When he got out, he eventually repaid his wife all arrears plus he gave her additional money given the fact that he felt bad about being incarcerated and not being home for the kids.  While providing these finds to his former wife, he was not aware of the money owed to the Board but has since learned of the debt and his passport is being withheld from him. 

Currently he and his former wife are getting along and he does not want to go after her for the money.  Does anyone believe that I can make an argument that he was improperly served since they knew or should have known that he was incarcerated and despite this information, all documents should have been sent to the jail not his wife's house. 

New client is being told that he owes about $10,000 to the Ocean County Board of Social Services.  Client went to prison a few years ago.  While in prison, his wife divorced him and because of this she was required to get aid for the children.  Subsequently, the Board got involved and she started to get services.  Client was served at his former residence (wife's house) with the details about the services and the fact that he would be required to repay the Board once he was released.   

When he got out, he eventually repaid his wife all arrears plus he gave her additional money given the fact that he felt bad about being incarcerated and not being home for the kids.  While providing these finds to his former wife, he was not aware of the money owed to the Board but has since learned of the debt and his passport is being withheld from him. 

Currently he and his former wife are getting along and he does not want to go after her for the money.  Does anyone believe that I can make an argument that he was improperly served since they knew or should have known that he was incarcerated and despite this information, all documents should have been sent to the jail not his wife's house.