25 Sep The alimony has been paid. How can we stop the garnishments?
Q. My nephew has paid his alimony in full, but his ex-wife will not send the documentation to the Probation Office and they continue to garnish his pay each week. Do we have to file a motion with the courts with supporting documentation to have this matter reconciled?
A. We’re sorry to hear of your nephew’s troubles.
Yes, he will need to go back to court.
You will need to file a motion to terminate alimony in the county where the initial divorce occurred, said Jeralyn Lawrence, a family law attorney with Lawrence Law in Watchung.
The motion will need to ask for the alimony to terminate and the basis for the request, she said.
“Be sure to include the date in which the alimony was to end and if there has been an overpayment, a proposal of how you are to be reimbursed,” she said.
In most cases, she said, the reason for the termination of alimony is because the alimony was for a set period of time and that timeframe is explicitly stated and agreed upon in the marital settlement agreement.
“You will need to attach to the motion a copy of the agreement,” she said. “You should also get a printout from the probation department of a summary of your payments and a confirmation that there are no arrears on your account and your payments are current.”
If you are using an attorney for your motion, be sure they ask that the counsel fees be paid, Lawrence said.
“Not cooperating with the termination can be found to be unreasonable and a court has the discretion to award counsel fees,” she said.
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This story was originally published on Sept. 25, 2023.
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