NJSBA Family Law Section

I have a bit of strange issue that I've never dealt with before.

Parties are married for about 3 1/2 years.  They have a 2 1/2 year old child.  Husband (my client) is receiving a disability pension (disabled police officer) and receives SSD.  Wife is unemployed but able to work.  Child receives the beneficiary SSD payments from my client's SSD claim.

Both parties continue to reside in my client's premarital home. 

Parties have a fully executed PSA resolving all issues (just waiting for an uncontesetd date from the Court).  My client will be paying support (upwards deviation from the Guidelines) to Wife once she vacates the home (anticipated to be in 2 months, but up to 6 months).  Custody is JLC with 50/50 time sharing.

Unbeknownst to my client, Wife files for TANF benefits during the pendency of the divorce action.  OCBSS intervenes in the FM Matter (serving both parties by regular mail only and not serving me even though I filed the Complaint behalf of my client) to compel my client to pay child support and maintain health insurance for the child.

I found out about the motion yesterday after a courtesy call from the Court.  I sent the PSA to the attorney for the OCBSS, but their position is that since support will be delayed for up to 6 months, they will not withdraw their motion (even though my client is paying all of the household expenses until his Wife vacates the home.)

I am assuming Wife made misrepresentations on her TANF application since they clearly did not take into account my client's disability income.  

Service/Notice issues aside, how can an unemployed party in a divorce action file for TANF benefits when they are still residing at the marital home and being fully supported by their spouse?  

If this case goes forward, I think I will have to recommend to any of my unemployed/supported spouses that they immediately file for TANF benefits at the onset of the divorce litigation (kidding, obviously).

I'm looking up the eligibility requirements for TANF, but I was curious as to what others on the listerv had to say about this issue.  

Thanks in advance,

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Gregory Thomlison Esq.
Toms River NJ
(732)736-8100

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Wife has obviously filed a fraudulent claim for benefits.  Your guy may want to nudge her into withdrawing her TANF application/claim before she has to put her hand on that bible.  

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Lisa M. Radell, Esq.
207 South Main Street
Cape May Court House, NJ 08210
Phone (609) 465-9910
Fax (609) 465-9920
E-Mail [email protected]
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Original Message:
Sent: 04-03-2014 13:28
From: Gregory Thomlison
Subject: OCBSS intervention b/c of TANF

I have a bit of strange issue that I've never dealt with before.

Parties are married for about 3 1/2 years.  They have a 2 1/2 year old child.  Husband (my client) is receiving a disability pension (disabled police officer) and receives SSD.  Wife is unemployed but able to work.  Child receives the beneficiary SSD payments from my client's SSD claim.

Both parties continue to reside in my client's premarital home. 

Parties have a fully executed PSA resolving all issues (just waiting for an uncontesetd date from the Court).  My client will be paying support (upwards deviation from the Guidelines) to Wife once she vacates the home (anticipated to be in 2 months, but up to 6 months).  Custody is JLC with 50/50 time sharing.

Unbeknownst to my client, Wife files for TANF benefits during the pendency of the divorce action.  OCBSS intervenes in the FM Matter (serving both parties by regular mail only and not serving me even though I filed the Complaint behalf of my client) to compel my client to pay child support and maintain health insurance for the child.

I found out about the motion yesterday after a courtesy call from the Court.  I sent the PSA to the attorney for the OCBSS, but their position is that since support will be delayed for up to 6 months, they will not withdraw their motion (even though my client is paying all of the household expenses until his Wife vacates the home.)

I am assuming Wife made misrepresentations on her TANF application since they clearly did not take into account my client's disability income.  

Service/Notice issues aside, how can an unemployed party in a divorce action file for TANF benefits when they are still residing at the marital home and being fully supported by their spouse?  

If this case goes forward, I think I will have to recommend to any of my unemployed/supported spouses that they immediately file for TANF benefits at the onset of the divorce litigation (kidding, obviously).

I'm looking up the eligibility requirements for TANF, but I was curious as to what others on the listerv had to say about this issue.  

Thanks in advance,

-------------------------------------------
Gregory Thomlison Esq.
Toms River NJ
(732)736-8100

-------------------------------------------

I agree with Lisa (and your gut instinct) -- there's a fraudulent application for TANF involved.  Wife needs to withdraw it ASAP.  If she won't I'd subpoena it from Board of Social Services.


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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
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Original Message:
Sent: 04-03-2014 15:45
From: Lisa Radell
Subject: OCBSS intervention b/c of TANF

Wife has obviously filed a fraudulent claim for benefits.  Your guy may want to nudge her into withdrawing her TANF application/claim before she has to put her hand on that bible.  

-------------------------------------------
Lisa M. Radell, Esq.
207 South Main Street
Cape May Court House, NJ 08210
Phone (609) 465-9910
Fax (609) 465-9920
E-Mail [email protected]
-------------------------------------------






Original Message:
Sent: 04-03-2014 13:28
From: Gregory Thomlison
Subject: OCBSS intervention b/c of TANF

I have a bit of strange issue that I've never dealt with before.

Parties are married for about 3 1/2 years.  They have a 2 1/2 year old child.  Husband (my client) is receiving a disability pension (disabled police officer) and receives SSD.  Wife is unemployed but able to work.  Child receives the beneficiary SSD payments from my client's SSD claim.

Both parties continue to reside in my client's premarital home. 

Parties have a fully executed PSA resolving all issues (just waiting for an uncontesetd date from the Court).  My client will be paying support (upwards deviation from the Guidelines) to Wife once she vacates the home (anticipated to be in 2 months, but up to 6 months).  Custody is JLC with 50/50 time sharing.

Unbeknownst to my client, Wife files for TANF benefits during the pendency of the divorce action.  OCBSS intervenes in the FM Matter (serving both parties by regular mail only and not serving me even though I filed the Complaint behalf of my client) to compel my client to pay child support and maintain health insurance for the child.

I found out about the motion yesterday after a courtesy call from the Court.  I sent the PSA to the attorney for the OCBSS, but their position is that since support will be delayed for up to 6 months, they will not withdraw their motion (even though my client is paying all of the household expenses until his Wife vacates the home.)

I am assuming Wife made misrepresentations on her TANF application since they clearly did not take into account my client's disability income.  

Service/Notice issues aside, how can an unemployed party in a divorce action file for TANF benefits when they are still residing at the marital home and being fully supported by their spouse?  

If this case goes forward, I think I will have to recommend to any of my unemployed/supported spouses that they immediately file for TANF benefits at the onset of the divorce litigation (kidding, obviously).

I'm looking up the eligibility requirements for TANF, but I was curious as to what others on the listerv had to say about this issue.  

Thanks in advance,

-------------------------------------------
Gregory Thomlison Esq.
Toms River NJ
(732)736-8100

-------------------------------------------