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Old 12-04-2014, 09:42 PM   #1 (permalink)
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Join Date: Dec 2014
Posts: 1
Can I sue NJ child Support For Cruel and Unusual Punishment

I am legally obligated to pay support payments to my ex wife for our two daughters. Now they are both completely independent, have graduated from college, ages 26 and 28. The oldest, works full times and takes care of her self, though she still lives at her moms home. I have always payed my support payments until this past June. Last year I was diagnosed with cancer and had to start cancer treatments in order to save my life. As a result, this past June I was laid off work. Because of the extensive cancer treatments which included, chemotherapy, radiation-therapy and 3 surgeries I was not able to even look for a new job until I completely recovered. During that time, after June, I had only enough money to pay the medical co payment and my utility bills from month to month. The NJ child-support probation department constantly hassled me for money, threatened to take me to court, to put me in jail, to take my personal possessions while I went threw all of the cancer treatments and during the recovery process. I tried to explain to NJ probation my current predicament. They asked for various forms of proof. I gave them all the surgeon notes, doctor notes .. everything they needed to show them that I COULD NOT WORK; I could barely freaking walk and suffered from severe side effects of Chemotherapy not to mentioned the actual surgeries. I could not leave my apartment for more than a few hours a day. Yet they continued to hassle me and make my life miserable on top of how miserable it already was from the cancer. I struggled through the whole summer trying to recover enough to be able to go out and look for a job. Finally, this November, I decided I was recovered enough to try and find a new job. I had just enough money left in my bank account to last me long enough, hopefully, to find a new job. Then to add insult to injury, just as I was about to go on interviews and try to finally get a new job, NEW JERSEY PROBATION CHILD SUPPORT, TOOK ALL OF MY SAVINGS OUT OF MY CHECKING ACCOUNT and gave it to my ex wife ( who immediately went on a month vacation to various places including the Bahamas. ). This money had been lent to me last month to help survive while I finally got to look for a job!!! And to add even further insult to injury they are telling me that if any money goes into my checking account they will take it and give it to my ex wife as a child support payment. SO ... They want child support from me ... Yet they don't' give me a chance to finally get back on my feet and get a job so that I can pay child support. CAN I SUE THEM FOR THIS TYPE OF ENFORCEMENT????

Last edited by sidhartha11; 12-04-2014 at 09:46 PM. Reason: spelling
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Old 12-19-2014, 10:03 AM   #2 (permalink)
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Join Date: Oct 2012
Posts: 326
You can sue for anything it doesn't mean you will win.

If the children are 26 and 28 no additional support will be ordered, but if you owed back child-support they can take it from you. There is a likely a way to reduce the payments or at least create a payment plan that works if you go to court and explain the situation, which I highly recommend reaching out to a family law attorney in New Jersey.

Here is a good article explaining back-child support. http://www.legalmatch.com/law-librar...port-laws.html
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