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Overpayment to the Probation Department of Spousal Support or Child Support in a Divorce PostJudgment and What You Should Do About It.

Mar 9, 2016 @ 02:38 PM — by Michael Green

Overpayment to the Probation Department of Spousal Support or Child Support in a Divorce PostJudgment and What You Should Do About It.  Generally, in such a case, you should get a printout of the abstract of payments from the probation department, then send them a copy of your divorce judgment and property settlement agreement or matrimonial settlement agreement with all the terms of your divorce, so they may review your payments and make a determination.  If necessary, a motion may have to be filed with the court to request an audit of the account and a credit to you for any overpayment.  Finally, your ex-spouse may have to sign off on the credit, but if she or he is unwilling a motion may have to be filed as well.  The Court may otherwise continue to assess arrears to you if you stop payment without a court order or agreement with Probation as to any overpayment.  Generally, Probation will seek to enforce any child support arrears, but may not enforce the alimony arrears without a court order requiring them to do so.  If you believe you have made overpayments as to support and require a motion to correct the Probation account and receive a credit or to vacate any incorrect arrears that have accrued, please call us at 732-390-0480 or 201-242-1119, in our East Brunswick or Fort Lee offices.

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