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Ask HN: Problem with NJ Probation Taking Money
2 points by doonesbury on Aug 8, 2020 | hide | past | favorite | 2 comments
I am looking for input, help, perspective, case-law that might help in the following situation.

I am divorced in NJ as of 2015. As per standard procedure, money is collected from my paycheck and sent to NJ probation who disperses it to my ex-wife for child support and alimony.

The issue is in question: NJ Probation erroneously thought I was in arrears. I got a NJ judge to vacate e.g. to tell NJ probation no money was owed. Regardless, NJ probation took money after this judgement from my Federal tax refunds, and bonuses.

I asked for that money back. Another Judge at the same court denied my request saying I'd waived my rights to it. There is no dispute the money was taken, or in the amount taken. My ex-wife and her attorney were aware that I had overpaid previous to the Judgement, and I communicated with NJ probation to no ultimate effect numerous times prior to the Judge vacating the alleged amount owed. NJ Probation told me they will not take action without a Judge's order, which I got. Nonetheless they proceeded to take money anyway.

I am appealing this case to the Appellate level. What can I do to win on appeal?



Do you have a lawyer?


Yes and no. The lawyer who defended me in the original case and our appeal of the first decision ... Is still around. But unless I hear something that seriously suggests error of commission or omission on firm's part, I'll do the appeal myself. I've spent north of $50K to get nowhere and will not spend that kind of money again. I've fired two attorneys getting divorced for various kinds of stupidity. However I believe in this case my attorney was excellent. The fault is with the judge.




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