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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.  

Postjudgment Divorce - Enforcement Motions for a Matrimonial Settlement Agreement or Property Settlement Agreement for Alimony, Child Support or Custody

Aug 25, 2015 @ 06:25 PM — by Michael Green

Often after a divorce, one party or the other does not follow the agreement between the parties, the Matrimonial Settlement Agreement or Property Settlement Agreement.   A term for alimony or child support or parenting time may not be followed.   It is up to the other party, if the alimony had not been court ordered to be paid through the Probation Department, State Disbursement Unit, to file a motion to enforce litigant's rights, a motion requesting that the court order the party to pay up the arrears and/or to also have it paid through the Probation Department going forward.  If you have a postjudgment motion issue to enforce the terms of your Matrimonial Settlement Agreement or Property Settlement Agreement, please call Green & Asssociates in our East Brunswick office at 732-390-0480 or in our Fort Lee office at 201-242-1119 for a free consultation.  Night appointments are also available.