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  • 1.  Vacating/Terminating Non-Dissolution Support Order for Intact Family

    Posted 06-16-2017 12:35 PM
    I have a rather unique set of facts for a new case in Somerset.

    Parties are married, live together, and have 2 children (ages 10 and 7).  It was an arranged marriage, but this is an intact family. Wife filed for public assistance (without Husband's knowledge), and in doing so put down different address on application.  Wife appears savvy at gaming the system as she also receives regular income from the State of NJ (Self Determination Program) for taking care of her mother-in-law in the marital home. Wife also works a cash job at a mall kiosk which is unreported.

    The Board of Social Services filed a non-dissolution child support complaint against Husband as reimbursement of public assistance. Husband goes with an attorney who never handled a family law matter before.  Child Support Order is entered in a summary proceeding before Hearing Officer.  Husband's attorney did not say anything at hearing or object to the entry of the Order.

    Husband has now come to my office seeking to terminate or vacate the Child Support Order. Husband already pays all of the expenses in the marital home for Wife and 2 children, except perhaps the Wife's vehicle expenses. Parties have been living together this entire time and there has never been any separation.

    My thoughts are to file an Application seeking termination of the child support order as the parties are not living separately (as required in NJSA 9:2-3) as Husband is already financially supporting the children. I am also considering requesting the original Order be vacated due to Wife's fraudulent application for public assistance.

    Am I missing something?  Any thoughts?

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    Blake W. Rush, Esq.
    Law Office of Blake W. Rush
    14 E. Main Street
    Clinton, NJ 08809
    (908) 713-9800 (PHONE)
    (908) 713-9803 (FAX)
    www.blakerushlaw.com
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  • 2.  RE: Vacating/Terminating Non-Dissolution Support Order for Intact Family

    Posted 06-16-2017 12:44 PM
      |   view attached
    Blake - 

    Is he really "supporting" her ? - perhaps this was the way she knew to file what should have been a complaint for separate maintenance?   If they are living separate lives within the marriage, this might be the case.

    I'd also not assume she is "gaming the system" if she is caring for his mother - if the mother-in-law does not have sufficient assets/income to take care of herself or your client is not contributing enough - that benefit may be legitimately earned - certain she has no legal obligation to her mother-in-law.

    If all is as your client says, then, I'd say a motion to reconsider based on mistaken law and facts and ineffective assistance of counsel.
    =============================
    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831
    www.gustonlaw.com


    PRESIDENT of the American Academy of Adoption Attorneys
     and the American Academy of Assisted Reproductive Technology Attorneys





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  • 3.  RE: Vacating/Terminating Non-Dissolution Support Order for Intact Family

    Posted 06-16-2017 12:52 PM

    Blake:

     

    Rule 4:50-1 would apply.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]

     

    Visit my personal website:  www.mydivorcelawyernj.com

    Member, Middlesex County Bar Association,  Monmouth Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

                                      

     

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  • 4.  RE: Vacating/Terminating Non-Dissolution Support Order for Intact Family

    Posted 06-16-2017 02:46 PM
    This is a child support order only, not spousal support.  Also, Wife did not file the support complaint, the Board of Social Services did.

    I feel the Wife is gaming the system primarily because she filed for public assistance using a false address.  Wife also has 2 jobs she is concealing from Welfare.  If Welfare knew she was living at the marital home with Husband, it is my understanding she would not qualify for public assistance.

    The Wife is not financially supporting the mother-in-law.  She simply cares for her in the evenings when she returns home from work. The Wife actually receives a paycheck from the State of New Jersey (Self Determination Program) for the (inflated) hours she claims she takes care of the mother-in-law.

    I think my motion will need to cite Rule 4:50-1 as Robert mentioned. I don't think I can do a motion for reconsideration as the Support Order was entered in August 2016.

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    Blake W. Rush, Esq.
    Law Office of Blake W. Rush
    14 E. Main Street
    Clinton, NJ 08809
    (908) 713-9800 (PHONE)
    (908) 713-9803 (FAX)
    www.blakerushlaw.com
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    Original Message


  • 5.  RE: Vacating/Terminating Non-Dissolution Support Order for Intact Family

    Posted 06-16-2017 02:48 PM

    Board of Social Services is filing for reimbursement because the husband is responsible for his children and since she filed for benefits when the husband was paying the bills (unbeknownst to the agency) they are looking to collect.  If you blow the whistle on the wife (possible fraud), she will have to pay it back and may get in trouble.

     

    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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  • 6.  RE: Vacating/Terminating Non-Dissolution Support Order for Intact Family

    Posted 06-16-2017 04:41 PM
    This is a minefield.  I would not even consider repping H unless I had access to W's file with the Board of Social Services. Or it could even be a joint file for H and W.  Just because H says he was not involved does not make it so.

    First, what type of benefits did W apply for and receive?  TANF? SNAP? Other?

    Second, how much did she receive?

    Third, was H completely unaware of her application and receipt of benefits?  Who lives at the other address?  Didn't he ever go to the store with her and see her use her EBT card with SNAP dollars on it?  Didn't they ever talk about money and bills and who is paying what with what?

    Fourth, what notices, if any, were received by W or H from the Board of Social Services relating to repayment of these benefits?

    Fifth, were there any hearings about these benefits brought before the OAL by the Board of Social Service against W or H or both?  What were Final Decision findings?

    Sixth, knowingly committing fraud to obtain government benefits is no joke.  The civil penalties range up to a lifetime ban.  I defended a bunch of these cases at the OAL over a decade ago. And the Board of Social Services can also refer to the county prosecutor to pursue criminal penalties.

     I would really need to have a full understanding of what happened before the support order was entered before proceeding with anything in family court. If it turns out H completely uninvolved in fraud, does he want to file an affidavit in support of his motion which accuses his wife of fraud?  I know you are not repping her.  But they are living together as a married couple raising their two children.  He needs to know what his wife will be facing if he files the motion.

    Feel free to call me to discuss further.  Good luck! Anne

    Anne Cralle, Esq.
    (732) 829-5805



    Sent from my iPad



    Original Message


  • 7.  RE: Vacating/Terminating Non-Dissolution Support Order for Intact Family

    Posted 06-16-2017 06:53 PM
    Hard to see how there's a good "end-game" for Husband if he's going to remain married.   

    If he's going to divorce, sure, I could see it.   Trash the wife, and all that.  

    But, staying married, how is pursuing this a good plan for   Husband?   He should make sure Wife is now off assistance, warn her not to do it again, pay up and close out the case, no?

    Don Fraser
    Perrotta, Fraser & Forrester, LLC
    16 Valley Road
    Clark, NJ 07066
    732-680-1400, Ext 3



    Sent from my iPhone



    Original Message


  • 8.  RE: Vacating/Terminating Non-Dissolution Support Order for Intact Family

    Posted 06-19-2017 09:38 AM
    Ok, so I think I need to clarify one significant point.  Although this is currently an intact family, this is an arranged marriage and not a happy one.  Parties barely speak to each other. Husband does not intend on staying married to Wife.  Husband is aware that Wife could face civil and/or criminal penalties.

    Until the parties separate, Husband rightfully does not feel he should be paying child support (even if it is reimbursement for public assistance) when he is already supporting the children by paying all of the household expenses. Wife committed fraud by filing for public assistance and she did so without Husband's knowledge.  Wife is not contributing toward the household expenses.

    I was looking for input on procedurally the best way to file this Application. I appreciate the feedback, but I have already fully explained to Husband the potential consequences that may befall Wife.


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    Blake W. Rush, Esq.
    Law Office of Blake W. Rush
    14 E. Main Street
    Clinton, NJ 08809
    (908) 713-9800 (PHONE)
    (908) 713-9803 (FAX)
    www.blakerushlaw.com
    ------------------------------

    Original Message


  • 9.  RE: Vacating/Terminating Non-Dissolution Support Order for Intact Family

    Posted 06-19-2017 10:02 AM
    Well . . . hope everything your client has told you is not contradicted by other testimony or documentation or even findings after an OAL hearing. And an unhappy marriage plus an intent to divorce doesn't always lead to an actual divorce.

    Leaving those considerations aside for a moment, it occurred to me after my original post that if you are going to have husband "testify" against wife via his certification in support of the motion to vacate the cs order, you may want to consider looking at the NJRE on spousal privilege to ensure your client's testimony doesn't violate the privilege. I am not saying it does. I would just want to analyze this potential issue before filing.

    Best of luck! Anne

    Anne Cralle, Esq.

    Sent from my iPad


    Original Message