+ Reply to Thread
Results 1 to 5 of 5
  1. #1
    aherna7898 is offline Junior Member
    Join Date
    Sep 2009
    Posts
    1

    Overpayment of Child Support

    What is the name of your state (only U.S. law)? Colorado
    I just got notification from my ex-husbands attorney that he has overpayed me in child support. He was suppose to stop payments over a year ago but he didn't. He is asking for $6,000. Do I have any defense? My kids are now 20 and 21 and still live with me and attend college full time. I have paid for their tuition with out any help from him and my oldest is graduating this year.What is the name of your state (only U.S. law)?
  2. #2
    garrula lingua is offline Senior Member
    Join Date
    Jun 2005
    Posts
    2,924
    If he's correct, you owe the money to him.
    Pay him.

    How could he 'not have contributed' to the kids when he was paying c/s for a full year after the order terminated ?
    Why didn't you take steps to terminate the order, yourself, & return the overpayment to him, immediately ??
    I don't see how you'd win at trial, and you'd probably be liable for his attorney fees if you require them to sue you for the money.
  3. #3
    Artemis_ofthe_Hunt is offline Senior Member
    Join Date
    Jul 2009
    Location
    Smallville MN
    Posts
    1,951
    Quote Originally Posted by aherna7898 View Post
    What is the name of your state (only U.S. law)? Colorado
    I just got notification from my ex-husbands attorney that he has overpayed me in child support. He was suppose to stop payments over a year ago but he didn't. He is asking for $6,000. Do I have any defense? My kids are now 20 and 21 and still live with me and attend college full time. I have paid for their tuition with out any help from him and my oldest is graduating this year.What is the name of your state (only U.S. law)?
    What did your court order state in regards to when the child support was to be terminated? Some orders state 18, some while still in school full time.
    If the attorney is correct, you owe whatever overpayment is correct.
  4. #4
    Gracie3787 is offline Senior Member
    Join Date
    Aug 2004
    Location
    Central Florida
    Posts
    5,648
    Quote Originally Posted by aherna7898 View Post
    What is the name of your state (only U.S. law)? Colorado
    I just got notification from my ex-husbands attorney that he has overpayed me in child support. He was suppose to stop payments over a year ago but he didn't. He is asking for $6,000. Do I have any defense? My kids are now 20 and 21 and still live with me and attend college full time. I have paid for their tuition without any help from him and my oldest is graduating this year.What is the name of your state (only U.S. law)?
    Apparently you knew that the payments were supposed to have stopped a year ago, so what reason do you plan to tell the court as to why you accepted payments that you knew you were not entitled to?

    Apparently he paid and you willingly accepted $6,000 so how on earth can you make the statement that you "...paid for tuition without any help from him"?

    What is the EXACT wording of your court order regarding CS and any educational/college expenses?
  5. #5
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    65,876
    I am not sure that I agree with any of the responses you have received so far. Money paid in and above a court order is usually considered to be a gift.

    After all, dad had every opportunity to get child support stopped and apparently chose not to do so until now.

    Was dad paying you directly or was there a garnishment? Was this a letter from his attorney or a motion that the attorney filed?

Similar Threads

  1. Overpayment of child support
    By shellie3 in forum Child Support
    Replies: 1
    Last Post: 11-05-2010, 01:27 PM
  2. Overpayment of child support. What happens?
    By spoofer in forum Child Support
    Replies: 11
    Last Post: 12-22-2007, 04:06 AM
  3. child support overpayment
    By jvg29 in forum Child Support
    Replies: 0
    Last Post: 06-06-2006, 10:34 AM
  4. Child Support Overpayment
    By NotAnAttorney in forum Child Support
    Replies: 6
    Last Post: 05-21-2006, 11:44 AM
  5. Overpayment of Child Support
    By Hamps41 in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 2
    Last Post: 01-26-2001, 05:12 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.