Child Support

Yurgee · #1 02-28-2003, 12:50 PM

What is the name of your state? NY

When I was going through my seperation, my ex-wifes lawyer estimated my child support at $227. When my divorce was finalized, I never received my decree or seperation papers (my ex-wifes lawyer never sent them to my lawyer). We have been apart since 8/2001. I just recently had to have the papers, so I went to the court and received them. When reading them over I noticed that my child support is to be $223.70/wk, not $227. Since my ex-wife isn't nice to me, I would like to recover this money. It is 130 weeks at $3.30. That's a payment and a half.

How can I go about recovering these funds? Can I get a lump sum? Take away 3.30 a week?

Thanks

stealth2 · #2 02-28-2003, 01:05 PM

You're sh*ttin' us, right? It would cost you more to take it to small claims, even, than what you'll get back. If you're sending it directly - just send her the revised amount with a copy of that page. If it's going through CSE, have it corrected. But to try and take it to court for reimbursement - you'll be laughed out of the place for that amount.

VeronicaGia · #3 02-28-2003, 01:29 PM

Yurgee, just start sending the correct amount immediately. If she questions it, tell her to refer to the court order.

I wouldn't sue for such a small sum.

#4 02-28-2003, 02:02 PM

Family Court is the venue you must use to deal with this, should you decide to do it through the legal system. But I think it may not be worth the time and paperwork.

I would do what already was suggested. Just start paying the correct amount, inform your ex of what you're doing when she calls you to dispute the amount on the check (which she probably will do) and then deduct what you overpaid.

It may be better for all, especially your child, if you don't skip one payment to make up for the overpayments. Spread the amount over 3 or 4 payments ($75 a week or so) so your ex, and your child, won't be stuck one week with no money.

my 2 cents

Yurgee · #5 02-28-2003, 02:36 PM

I wasn't going to take her to court. Actually if she wasn't a pain, I would let it go. I will take the last suggestion and deduct it over a few payments. Neither my children or her will hurt over it.

Whyte Noise · #6 03-01-2003, 01:28 PM

Just a little friendly advice...

If you take the advice you say you're going to take, you're going to be in legal trouble. Plain and simple.

You're court order is for $223.70. If you send any less than that amount, you could be held in contempt. The ONLY way you're going to be able to "deduct" any amount at all is if you have a judge's OK to do so. Otherwise, you're going to be getting into something that could cost you a hell of a lot more to clear up than the little amount you've overpaid.

BTW, if you want to take it to court, the judge will more than likely ask you why you just didn't get a copy of the order yourself. You are the one that made the mistake of overpaying because you didn't get that copy, read it, and know what the amount was. Just because your ex's attorney didn't get it to your attorney for you doesn't make you any less culpible. You're grown, you should have taken it on yourself to get a copy of it instead of taking your ex-wife's lawyers word for it. I never got a copy of my divorce decree either. But guess what? I took my butt right on down to the courthouse, paid the $.25 a page copy fee, and now, I have one.