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Overpayment of Child Support

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aherna7898

Junior Member
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)?
 


garrula lingua

Senior Member
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.
 

Artemis_ofthe_Hunt

Senior Member
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.
 

Gracie3787

Senior Member
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?
 

LdiJ

Senior Member
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?
 

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