Return of child support overpayments

[thegirleys]

What is the name of your state?What is the name of your state? Mississippi

My husband and I currently pay child support each month to his ex wife for their seven year old daughter. At the moment his daughter is living with us, and has been for three months, and will do so until further notice - i.e. there is no formal arrangement, her mother is unable to provide a home for her at the moment, so their daughter is living with us until her mother has herself settled; which is completely fine with us.

We still make the automatic child support payments, as they come directly from my husband paycheck, and his ex wife has told us that she would return the child support to us, plus give us child support on top of that. She has not returned the child support to us, and is making excuses not to, so we need to know what we need to do to get this money back. We are really worried that if we take her to court for this money she will decide that she would rather have her daughter live back with her, so we're very conscious or upsetting things too much.

Would appreciate advice on this, because we are really struggling financially - I'm a stay at home Mom, we have a 15 month old daughter, and I'm currently 31 weeks pregnant and on bed rest due to pregnancy illness so I can't go out to work even if I want to. My husband is only an E5, so money is short. His ex wife is military also, she is E5 as well.

[seniorjudge]

Originally Posted by thegirleys

What is the name of your state?What is the name of your state? Mississippi

My husband and I currently pay child support each month to his ex wife for their seven year old daughter. At the moment his daughter is living with us, and has been for three months, and will do so until further notice - i.e. there is no formal arrangement, her mother is unable to provide a home for her at the moment, so their daughter is living with us until her mother has herself settled; which is completely fine with us.

We still make the automatic child support payments, as they come directly from my husband paycheck, and his ex wife has told us that she would return the child support to us, plus give us child support on top of that. She has not returned the child support to us, and is making excuses not to, so we need to know what we need to do to get this money back. We are really worried that if we take her to court for this money she will decide that she would rather have her daughter live back with her, so we're very conscious or upsetting things too much.

Would appreciate advice on this, because we are really struggling financially - I'm a stay at home Mom, we have a 15 month old daughter, and I'm currently 31 weeks pregnant and on bed rest due to pregnancy illness so I can't go out to work even if I want to. My husband is only an E5, so money is short. His ex wife is military also, she is E5 as well.

If your husband automatically has the child support deducted from his check, then there is some kind of formal arrangement for this to be done.

In any event, he needs to go back to the court where the judgment in the lawsuit was originally issued and get it modified.

[thegirleys]

Thanks for your response.

When I say there is no formal arrangement I'm referring to his daughter living with us until her mother has herself organised. As this arrangement is only temporary would we be able to get the payments changed so that we no longer make them and we now get them from her?

[seniorjudge]

Originally Posted by thegirleys

Thanks for your response.

When I say there is no formal arrangement I'm referring to his daughter living with us until her mother has herself organised. As this arrangement is only temporary would we be able to get the payments changed so that we no longer make them and we now get them from her?

WHO is automatically deducting the child support? (That is who you need to talk to for starters.)