• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Overpayment of Child Support

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

H

Hamps41

Guest
I have been divorced for 14 years. My youngest (17yrs.) came to live with me in July, 2000 until he joined the Armed Forces in September, 2000. I contacted my ex-spouse (via lawyer) for cessation of child support. There was a dragging of feet and various stall tactics used to continue payroll deductions until the hearing 1-18-01. The support order was stopped at that date. My question, do I have any recourse on collecting the overpayment of child support?

thanks in advance,

h41
 


U

Ukiah

Guest
Hamps41 said:
I have been divorced for 14 years. My youngest (17yrs.) came to live with me in July, 2000 until he joined the Armed Forces in September, 2000. I contacted my ex-spouse (via lawyer) for cessation of child support. There was a dragging of feet and various stall tactics used to continue payroll deductions until the hearing 1-18-01. The support order was stopped at that date. My question, do I have any recourse on collecting the overpayment of child support?

thanks in advance,

h41
You can talk to your attorney, and see what he suggests. Sometimes, depending on the amount, it may not be worth going back to court for.

You can also write a letter as well as go to the CSEA and let them know that you want a Refund of the overpayment amount. Show proof that you were in control of the child.

If the child resided with you for a short period of time (less than 6 months) the courts & CSEA may not grant you the money back, dur to the child not living with you for the period of 6 months prior to the action taking place.

If you do not have a signed court order stating the you were the custodial parent for that amount of time, you may not get the money back.

If your Ex and you are on good terms, maybe she'll give you the money back.

Best thing to do... Talk to your attorney. Or have a free consultation with another attorney.

 
H

Hamps41

Guest
Thanks for the advice. Ex and I are not on good terms. Unfortunate for everyone involved. Will try another attorney I think. Just want this to be over so everyone can get on with their lives.
Thanks
h41
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top