Motion Title?

[OnceUponATime]

Virginia

Hi, I have a couple questions about how to title a motion and order for the following action:
Mother and Father agreed for custody change of son beginning Aug 15, 2007 (mother still has daughter, so it is split custody). Child support order done and states that there might be an overpayment of support by father to mother for the month of Aug (due to support being deducted directly from his paycheck), and both parties agree that they will cooperate with DCSE to ensure proper credit for overpayment.

In September, DCSE said they cannot issue a credit for prior month, the father must "take outside action to receive reimbursement". Father requested reimbursement directly from mother, mother refused. Father is preparing motion for reimbursement of overpayment.

What should he title the Motion and Order?

Also, mother has submitted medical bills for reimbursement in the last 6 months, which the father has paid immediately, even though there is the oustanding child support reimbursement. Mother has just submitted more bills, rather than go to court, if father deducts the overpayment from the amount due the mother, how would a judge view this practice (since the overpayment is addressed in the support order, but unpaid)?

thank you for your responses

 

[Silverplum]

I'm not in VA, but I googled "Virginia" "Motion" "Reimbursement" and came up with a lot of things titled "Motion for Fees and Reimbursement of Expenses."

Mostly, I'm pretty sure you can title it anything that makes LOTS OF SENSE and is VERY CLEAR. You may want to call the Clerk of Court and ask if there are already forms.

Hope that helps.

 

[CJane]

Dad should make sure he wasn't simply credited by CSE by having an amount applied to 'future support'... in MY state, that's the ONLY way a credit is handled.

 

[OnceUponATime]

Thank you for your quick responses.

Dad was not given any sort of credit. Would it be helpful to attach a DCSE report to the motion showing no credit was issued? Or would that not be necessary?

And I'm guessing my second question in the orginial post would not be a good idea...to deduct the overpayment amount from recent medical bills?

thank you again

 

[Silverplum]

Thank you for your quick responses.

Dad was not given any sort of credit. Would it be helpful to attach a DCSE report to the motion showing no credit was issued? Or would that not be necessary?

And I'm guessing my second question in the orginial post would not be a good idea...to deduct the overpayment amount from recent medical bills?

thank you again

It's always helpful to attach supporting documentation. I used to highlight points, if necessary.

It's generally not a good idea to "mix money pots." CS is CS, and medical reimbursement is m.r. Sometimes judges get bitchy about any sort of withholding CS, because it is for the benefit of the child/ren.