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Overpaid Child Support

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Ingie007

Guest
I am appearing in court tomorrow because my ex husband filed an order to show cause of overpayment of child support for our eldest son (now 22) when he was stillin high school in 1998. The overpayment is a little over $1,000. The funny thing is that it was in HIS power to stop the support. I did not stop it because our son turned 19 in January, but graduated HS in June. The issue was being able to pay the rent. I was up for a promotion and told him I could stop it as soon as I was in the new position (April). If child support had been stopped, we would not have had a roof over our heads. When I told him that, he did not care. Told me I should have thought about that before I divorced him. He also rarely, if ever, visits with our children (we have 3). I'm just curious if anyone else has run across this, and if a judge has ever ordered that child support be paid back. By the way, he owes me over $1600 in medical bills (he was ordered to pay 1/2 of anything not covered by insurance) which he has not paid, even though it was court ordered. Is he insane.....or is it just me?
 


usmcfamily

Senior Member
Yes - it is possible that you may be ordered to repay the overpaid support -- especially since if you are to be honest (you will be under oath) you would have to admit that you knew you were collecting past the time you should have. However, that said what you need to do is to file your own countersuit regarding the amount that he owes you and the $1000 he claims you owe him will likely be deducted from that resulting in a finding for you in the amount of the remaining $600.....just be sure you have your proof of the expenses to take with you and in the end he will be the one paying the court costs (for filing the case against you) and he will lose money as he will have to reimburse you for the med costs.
Good luck and God Bless
 
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Robin Hollis

Guest
Would the graduation date come into play in this at all? Just curious, I thought that most child support orders covered the kids until they graduated High School, not necessarily a specific age. I could be wrong but thought I'd mention it.
 
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Ingie007

Guest
Child support ends depending on how your original divorcee decree reads. In my case, it was child support will be paid until the age of 19 or when the child graduates high school . . . whichever comes first. In my case, he turned 19 in January and graduated in June. I'm not a lawyer either....just feel it is not right for me to have to pay back....they are his children. Good luck to you.
 
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Robin Hollis

Guest
It was just a thought. I'd follow Usmcfamily's advice. Get you receipts together and take them with you to court. I don't know if the judge will take them into consideration at that time or if you will need to file the counter suit mentioned. Good Luck!
 
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Robin Hollis

Guest
Oh, and I feel the same way about repaying. Did you say that you had 3 children with him? Is he paying any support for them or have they all grown up too? If he owes support for the rest of your children, that may be a factor. :)
 
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Ingie007

Guest
The outcome of this morning's hearing: Initially the judge DID order me to pay back the overpaid child support @ $305/mo. That's when I brought up the medical bills that ex was ordered to pay in June 2000 and has not. Judge was not happy. I asked for a continuance on all the issues (lastly increasing child support my our youngest child) which was granted. New date is 2/28/01. More good news...due to reasons too long to post here, the an attorney will be present w/me on the 28th...at no cost!
Now I have some peace of mind and am very confident the orders will be in my favor. Thank you for your support and good wishes!!
 
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Ingie007

Guest
Robin, yes I have 3 children with him but they are grown. The eldest (Josh) is now 22, Eddie is 18 and our daughter Katie is 17. But even though I only have support for her until she graduates in June, come 2/28, I'm also asking for an increase because he does not visit with her.

Good luck to you . . .
 
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Robin Hollis

Guest
Thanks for the good luck wish. I'm glad that your case turned out as it did.
 

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