Legal Question in Family Law in New Jersey
Ex-husband suing for ''child support overpayment''
Original divorce took place in Bergen County. Child support account moved from Bergen County to Somerset county.
Ex-husband is about to receive a very large settlement and wants me to sign a waver for 10K+ child support arrears for which I have a lein on any future earnings.
To coerce me ,he had my now 22 year old son sign a paper that stated he was not living with me and did not receive ANY support from me since 1999. This is not true but my son did not know what he was signing.
Besides the 10K+ in back child support he owes me, he owes me an additional 10K to 15K in child care fees that he never paid. I do not have a lein against any future earnings for this so I will never receive payment.
I never sued because each time we went to court, he forged receipts, lied to the court, etc., so I usually not only didn't get the money owed me, but had to pay an attorney. I ran out of energy and money.
My son is willing to tell the court that he did not know what he is signing. This may be my chance to counter sue for the additional monies he owes me.
3 Answers from Attorneys
Re: Ex-husband suing for ''child support overpayment''
My reccomendation is that you file an order to show cause restraining any disbursement from the funds that your husband is receiving
Re: Ex-husband suing for ''child support overpayment''
If your former husband is about to receive a large sum of money you should be immediately filing a motion to enter a judgment against him
and to restrain him from spending the funds until you are paid.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Ex-husband suing for ''child support overpayment''
You need to take action NOW. It is not clear that you have a child support judgment against him now, and that is what you need to force collection from the money he is about to receive.
Run, do not walk, to a nearby experienced divorce attorney. Today. Not tomorrow.
If you would like, give me a call to set up an appointment; I am in northern New Jersey. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
