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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88117
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Probation refuses to acknowledge that I deposited support payments

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Probation refuses to acknowledge that I deposited support payments into my soon to be ex-wife and my joint account, from which she transferred these funds to her own account. I showed proof that the money was transfered from my personal account, to the joint account then she transfered it out to her account on the same date for the exact amount that was deposited. I have emails from her attorney acknowledging that she was being paid through the joint account. They keep telling me to file a motion, which costs about $2000...which is exactly the amount in question. Can they do this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me:

1) You state "probation" refuses to acknowledge this. Probation is used for criminal matters in the USA. Is this related to a criminal matter? This seems more like a family matter in civil court.

2) If this is a civil matter, can you please tell me more about the events that brought you to this point? What has happened?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

Hi Ely, this is in fact a family court matter and I'm not sure why probation is involved as I have been making all my support payments on time. However, soon to be ex-wife (still in process of divorce) was ordered unallocated support in the amount of $1000 a month (don't ask me how that happened with no children born of the marriage). I was initially depositing money into the joint account from my personal account. She would then transfer that money into her account from the joint account. I have the statements from all 3 accounts showing these transactions...each month adds up to $1000 a month support. I then started paying her through ADP directly depositing money into her personal account instead of transferring to joint account. Probation acknowledges the ADP payments but not the transferred payments because they said they don't know if those transfer sare for support or something else. Why would I be giving her $1000 a month for something else? We are dispute 2 months payments...each month shows $1000 paid. The monthly amount matches the amount of support i was ordered to pay. Why won't they acknowledge this? I think Probation is involved because she opened an account with them...I guess to make sure I am not late...she is obviously being spiteful.

Expert:  Ely replied 1 year ago.
Ben,

Thank you for your clarification. I have one more question. "Probation" is a very generic term. What department/entity do you mean by "probation?" Are you dealing with the Court? Or some probation officer? Do you have a name for the agency? How did they contact you?
Customer: replied 1 year ago.

Payment was ordered by the court through probation...no idea why as this is a normal divorce. This is NJ monmouth county probation department. I do deal with a probation officer that handles my case. This is my first divorce so I thought this was normal in divorce cases.

Expert:  Ely replied 1 year ago.
Ben,

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.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

Thanks, XXXXX XXXXX the information. Yes, I have an attorney and we are filing a motion for other divorce issues but this issue is included in the motion as well. My lawyer, however, said that it is best to try and clear it up with probation because courts don't usually want to deal with this kind of thing. Things haven't really been going my way in court, so I am afraid the judge will gloss over this and not give credit where credit is due. I can't imagine how the judge would not but, again, I couldn't believe i was asked to pay unallocated support in the amount of $1000 a month, plus utilities, plus keep the mortgage current, property taxes, etc!!!! I am living with my sister because I can't afford to get an apartment for myself. BotXXXXX XXXXXne, do you think the judge will address this adequately, especially given all my proof? It would be a real kick in the pants if I have to repay support that was already paid...especially because I don't have the means.

Expert:  Ely replied 1 year ago.
My lawyer, however, said that it is best to try and clear it up with probation because courts don't usually want to deal with this kind of thing.

Right, but if the probation department is not working with you, then you have no other choice BUT to seek Court's decision here.

Things haven't really been going my way in court, so I am afraid the judge will gloss over this and not give credit where credit is due.

I am sorry to hear that. The good news is that you may subpoena her bank's records to reflect your story, and this would be MOST helpful. Ask your attorney about this!

BotXXXXX XXXXXne, do you think the judge will address this adequately, especially given all my proof? It would be a real kick in the pants if I have to repay support that was already paid...especially because I don't have the means.

I cannot tell you what the Judge would say, of course. But if you subpoena the bank records that help to back your story up, this may be enough to have the Judge agree. The Court cannot ignore physical evidence. So yes, I do think you have a good chance.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Customer: replied 1 year ago.

Do you practice NJ law? I am not thrilled with my current attorneys as they don't seem to be very interested in my case. Interested in a potential new client?

Expert:  Ely replied 1 year ago.
Ben,

I am flattered, but JustAnswer has a pretty strict expert user policy about not taking customers as clients. Very strict. So I could not, I am afraid. May I recommend the NJ Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. My apologies.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88117
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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