NJSBA Family Law Section

Hello listmates,

Can the family court enter an order for wage garnishment (outside of probation) to satisfy an award of attorney fees, which was already reduced by the same family court to a judgment?  If so, what is the authority, case law?   Or, does a brawn new complaint in the special civil part need to to be file? That seems very inefficient.  Much appreciated. .

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Valerie Hemhauser Esq
Red Bank NJ
(732)842-9993
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Original Message------

Hello listmates,

Can the family court enter an order for wage garnishment (outside of probation) to satisfy an award of attorney fees, which was already reduced by the same family court to a judgment?  If so, what is the authority, case law?   Or, does a brawn new complaint in the special civil part need to to be file? That seems very inefficient.  Much appreciated. .

------------------------------
Valerie Hemhauser Esq
Red Bank NJ
(732)842-9993
------------------------------

Original Message------

Hello listmates,

Can the family court enter an order for wage garnishment (outside of probation) to satisfy an award of attorney fees, which was already reduced by the same family court to a judgment?  If so, what is the authority, case law?   Or, does a brawn new complaint in the special civil part need to to be file? That seems very inefficient.  Much appreciated. .

------------------------------
Valerie Hemhauser Esq
Red Bank NJ
(732)842-9993
------------------------------

Thank you for your quick replies. 

But, the same motion that requested the attorney award be reduced to a judgment also requested that the court order a wage execution to satisfy the judgment.   The court granted the judgment from an award request, but denied the wage execution even though I used the Notice of Wage Execution language and information, stating that that the wage execution/ enforcement needs to go through Special Civil part.   I don't think this is correct, but need to point out some authority to be reconsidered.     Any thoughts?

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Valerie Hemhauser Esq
Red Bank NJ
(732)842-9993

Original Message:
Sent: 03-17-2016 10:10
From: Carol Goloff
Subject: Payment of attorney fee judgment by wage execution

The steps to obtain a wage ex in Family Part:

 

1.    Hopefully, the motion resulting in fees also requested the award be reduced to judgment.

2.    If not, another motion is necessary.

3.    When you have an order reducing the award to judgment, docket the judgment in Trenton for good measure.

4.    Make a wage execution application to Family Part using the same forms as used in Law Division.

5.    The filing fee is $50.

6.    Once you have the Order and Writ, send it to the Sheriff in the County in which the employer is located with a $50 service fee (plus mileage – you get that amount directly from the Sheriff).

 

Good luck.

 

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The Law & Mediation Office of Carol N. Goloff

2216 Shore Road

The Dr. Peter Marvel House

Northfield, NJ 08225

Telephone (609) 646-1333

Facsimile (609) 641-6373

Attorney ID #028211987

 

Original Message------

Hello listmates,

Can the family court enter an order for wage garnishment (outside of probation) to satisfy an award of attorney fees, which was already reduced by the same family court to a judgment?  If so, what is the authority, case law?   Or, does a brawn new complaint in the special civil part need to to be file? That seems very inefficient.  Much appreciated. .

------------------------------
Valerie Hemhauser Esq
Red Bank NJ
(732)842-9993
------------------------------

Depends on the exact language of the order. I have had the Court award counsel fees and state that it will be paid in the form of additional child support via wage garnishment through probation. if that is not what is in the order - - or what the spirit of the order was on the record, then you need to docket it and become a normal creditor and collect.


Original Message------

I believe that once the Court reduces the fee to judgment, you then have to docket it in Trenton. Once you docket the judgment, you can begin collection proceedings.

Roz

Rosalyn A. Metzger LLC

Attorney-Mediator

P. O. Box 5104
One Leigh Street

Clinton, New Jersey 08809
(908) 238-0099

[email protected]

www.mediate.com/rmetzger

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Thanks for all the info. 
Looks like there's no way around having to file a Complaint in Special Civil- for Summary Judgment and a Wage Execution Order. Hopefully the Wage Exec Order won't require a separate motion.  This is exhausting.

------------------------------
Valerie Hemhauser Esq
Red Bank NJ
(732)842-9993

Original Message:
Sent: 03-17-2016 11:00
From: Frank LaRocca
Subject: Payment of attorney fee judgment by wage execution

Depends on the exact language of the order. I have had the Court award counsel fees and state that it will be paid in the form of additional child support via wage garnishment through probation. if that is not what is in the order - - or what the spirit of the order was on the record, then you need to docket it and become a normal creditor and collect.