Legal Question in Family Law in New Jersey
The question is "Is it a criminal act to accept funds meant for children not in your custody"
1) 2 parents divorce, children are custody of father
2) in 2005 one child is court ordered back to mother (at this point a 1 to 1, no child support should be paid)
3) Father earns approximately 70 per hour.
4) Court continues garnishment of mother for approximately $700 week from her 15 per hour job.
5) Father and his attorney refuse to pay for emancipation hearing.
6) Mother is then given custody by father of the younger child as well, but not through court.
7) Mother continues court custody of both children paying for 4 years approximately $700 / mo until she loses job and cant' pay
8) Additional factor, children couldn't get dental work, clothes etc, this impacted the children greatly by mom losing money meant for them.
9) Current "debt" owed to father by court is approximately $40,000
10) Both children are over the age of 18 and have been since 2009.
11) Mother gets garnished at her latest $9.50 an hour job at $150 per month.
Father says he's not responsible, but accepted the money given to him by the courts.
Q-1) Is his act a criminal omission to have failed to notify the courts and funded it when he relinquished custody?
Q-2) Is the acceptance of the money meant for the children a form of fraud?
Q-3) When the mother once brought it up to a judge the judge said she needs to emancipate the child / children, even though the judge knew the funds were being taken FROM the children's home to give to the court / father.
Q-4) Can this be something a call to the D.A. could begin resolving through criminal courts
Q-5) Civil Litigation with punitive damages. Can the mother sue the very well-to-do father for the full balance owed, attorneys fees, financial loss to the children, add them over 18 into a case seeking repayment for funds he took from them?
The mother just wants this all to go away, wants the garnishment to stop, she's working 15 hours per week and the children's father has spent the money on vacations with his other children from another marriage, paid off home, new cars, motorcycles etc.
If anything can be done to get the mother out of this, please
2 Answers from Attorneys
Simple answer is that this is not a criminal act. It is a matter that needs the attention of a Family Court judge by way of a Motion for Emancipation and request for vacation of arrears and possibly reimbursement, In fact, in your question, you mentioned this as the solution (see the information in your Q3 above). This Motion should have been filed a long time ago, but if nothing else, should be done now. Your suggestions as to criminal actions and fraud are far more complicated than the filing of a family court Motion. And not the proper procedure.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Seek legal advice as soon as possible. Good luck! Rob Gleaner
All the answers are the same - NO. I assume that you went to court without an attorney which is the problem. Hire an attorney, file the right motion and get this worked out. Not that complicated. Call me at 732/773/2768 to discuss.
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