I see. You listed "New York" as the state in your question so I am glad we got this cleared up.
You are likely talking about the Child Support Enforcement
department, which also helps to enforce alimony
and not just child support. The Child Support Unit works in cooperation with the Family Court to enforce orders established by the Family Court and is responsible for the collection and distribution of child support and alimony.
Very often, it is housed in the same office as Probation, and often, the same individuals work both departments.
As such, if someone falls behind, that department may become in touch with you to force the issue.They keep telling me to file a motion, which costs about $2000...which is exactly the amount in question. Can they do this?
Not really. Rather, they can try, but you do not have to pay THAT amount. Understand that the department is not the final decision-maker here, the COURT is. What happens in these types of scenarios is that someone in your situation files a Motion for Clarification
or Motion for Credit for Direct Payment of Maintenance
and explain to the Court what has happened
, and the Judge should credit you for the money paid.
An attorney is recommended, but not mandatory. If finances are an issue, I can recommend three resources. First, here is a list of all pro bono work in the state...http://www.abanet.org/legalservices/probono/directory/newjersey.html
…and another list:http://www.lawhelp.org
Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:http://www.hg.org/law-schools-new-jersey.asp
I hope this helps and clarifies. Good luck.
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