No Payment for Property Division Through Probation

May 21, 2015

In the recent unpublished New Jersey Appellate Division case of Segobind v. Segobind, the New Jersey Appellate Division addressed the payment of money owed as a result of equitable distribution.    

In Segobind, Plaintiff filed a complaint for divorce, which Defendant failed to respond to.  Therefore, the court entered a default judgment against Defendant.  In addition, the judgment outlined certain obligations of the parties in regards to alimony, child support, and property division.  In particular, Defendant was obligated to pay Plaintiff for her interest in the marital home, the parties’ credit card debt, Plaintiff’s car loan, among some other financial obligations.  Defendant asked the court to vacate the judgment, which it declined to do. 

On appeal, the Appellate Division upheld most of the provisions in the judgment.  The one provision that the court took issue with was one that required Defendant to pay alimony, child support, and all money owed from equitable property division through the Probation Department.  The court stated that money owed as a result of property division cannot be paid through the Probation Department.  Under N.J.S.A. 2A:17-56.13, only alimony and child support can be paid through the Probation Department. 

If you are going through a divorce and equitable distribution is an issue, call the experienced attorneys at Sarno da Costa D’Aniello Maceri LLC for help with your case.  Contact us today at (973) 274-5200