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  1. #1
    timgraysr is offline Junior Member
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    Jul 2009
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    Overpaid child support

    Ohio

    I was divorced in Ohio and my estranged wife lives out of state. In January of this year we both agreed that my daughter now 17 should live with me. I took physical custody and A motion was filed on January 16th to grant me full custody. A Magistrate did not sign the order until June. All the while they were deducting child support from my check to the tune of $2,400. My estranged wife kept the money. I know that there is such a thing as a “Motion to collect overpaid child support” in Ohio. I do not have the resources to pay for an attorney at this time and wish to file the motion pro se. Is there any way to get a sample of that motion?
    Thank you

    Tim
  2. #2
    LdiJ is offline Senior Member
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    May 2004
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    64,288
    Quote Originally Posted by timgraysr View Post
    Ohio

    I was divorced in Ohio and my estranged wife lives out of state. In January of this year we both agreed that my daughter now 17 should live with me. I took physical custody and A motion was filed on January 16th to grant me full custody. A Magistrate did not sign the order until June. All the while they were deducting child support from my check to the tune of $2,400. My estranged wife kept the money. I know that there is such a thing as a “Motion to collect overpaid child support” in Ohio. I do not have the resources to pay for an attorney at this time and wish to file the motion pro se. Is there any way to get a sample of that motion?
    Thank you

    Tim
    Do the court orders state that the child support termination/modification is retroactive to January? If not, you may not get anywhere with that.
  3. #3
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
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    Ohio
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    50,832
    The time to ask for it is past. You should have been asking for a child support award retroactive to January. Did you do so? If so and it was ordered that mom pay you child support from January then you would have overpaid her from January to June and could file. Please clarify the situation.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  4. #4
    timgraysr is offline Junior Member
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    Overpaid child support

    No, they do not. But, the CSEA advised me of the vehicle?

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