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over payment of support

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B

Beef

Guest
I have voluntairly overpaid my support obligatiions for my kids since 1996. The divorce was in NY state. This year 2 of the 4 have opted to live with me. What are my options?
1-can my over payments be used to defray any request for increases by the mother. (I reduced what I was paying as kids came into my home but I did not go below the court ordered amount.)

2-if all the kids come with me can I recoup some of that money? bargining chip only.

She insisted she was to keep the house so the kids could finish school, but now it looks like she will lose it entirerly and movr to another school district. The divorce papers specifically mention the kids being able to stay in this school district as a cause for me giving up finacial rights.

I did the right thing. Now that she hasn't is there any recourse for me?
 


W

whitsix

Guest
unfortunatly over payments are what you choose to do and can't be applied to anything else. all they might do is make you look a little better in court. as far as the 2 children that have deceided to live with you. you better high tail it to court and let them know about the change or the mother can get mean and decide to say you kidnapped them. research the parental kidnapping act. if you didn't go through the courts about the change there is nothing on record to prove she agreed to you taking them. that will also reduce your support obligation. if she was given the house in the divorce theres nothing to be done,.unless you specified that she must split the cost of the sale. or that if she moves you have the choice to move back in so she can sell.
 

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