Toms River, NJ asked in Family Law and Child Support for New Jersey

Q: Hudson county nj. My ex husband owed me 38,000 in back child support, he died last August.

There is a lawsuit about his death and it's being settled now, the lawyer said if he had outstanding debt that would be paid first. How can I get my 38,000 back, it's debt right? How do I get the money when the courts are closed

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1 Lawyer Answer
Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: Our court system is not closed and you need to take prompt action to ensure that your claim is not ignored. If anything, you want to make sure that the lawyer involved in the case, knows that you have an outstanding judgement for 38,000 for back child support. You also want to make sure that the probation department is aware of the settlement so that they can also serve notice - make sure that you give your probation department officer the name of the lawyer and any other information about the case that is available to you - and do so in writing!!

If your child[ren] are un-emancipated, you may also want to file an immediate application with the court to freeze the remainder of the settlement monies to have the court put in place a set aside to address your ex's remaining child support obligation from those proceeds. A family part judge can order a freeze on all or a part of those monies to cover your ex's future child support obligation up through their emancipation. You need to move quickly though starting with a request ( on an expedited basis) to freeze the proceeds until the court rules on your claims.

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