Asked in Family Law, Child Support and Civil Rights for New Jersey

Q: I have been disabled since 1999 and till this date am still being garnished from my SSD, NJ never changed my CS amount.

I have put in for a modification in 2000 but they say it was lost or never received. I am a very sick man and this is making me even sicker how can you help? I have also been denied a passport because of this even though I have been paying over 30yrs my support and arrears.

1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: You are probably not going to like my answer, but this is an example of where you need to spend the money to hire a competent divorce lawyer to review your file in its entirety and file an application with the court to correct your account, correct the claim of arrears and potentially close out your probation department account.

As to the actions of the probation department, it cannot take any action to close out or correct an account without a court order giving it specific direction. A probation department officer can speak with you on the phone or in person, but he / she does not have the legal authority to make changes to your account unless it has an order of the court directing it to do so - which means that if your application for modification/reduction / termination of your support obligation was not heard by a superior court judge and an order entered by him modifying/reducing/terminating your obligation, the probation department does not have authority to do anything for you. So, your next step is to meet with an experienced divorce lawyer with all of your papers (including the papers you previously filed with the court, but which got lost) in hopes of him being able to sort everything out and file an application to correct your file.

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