recoupment of overpayment

[meg_dogg]

What is the name of your state (only U.S. law)? Indiana
It has just recently, within the last week, come to our attention that my stepson may have moved out of custodial parent's home, living on his own, and may have quit going to school(college) stepson is 19 yrs old. We therefore did a little research and have obtained a "certified enrollment verification" from his college. And verified, not only has he not been attending college THIS term, but has not been enrolled since Dec. 11, 2008. Therefore we are filing (tomorrow) a verified motion to terminate child support due to emancipation and requesting that it be retroactive to Dec.11, 2008.
My question is this....is there something different we need to file along with this in order to recoup the overpayment of child support that has been paid UNVOLUNTARILY for the last 1 yr +??? We have been been flat out lied to this entire time by both the custodial parent and my stepson (school is going well, GPA, school break schedules, etc) when we have inquired. Husband has an income withholding order in place for $100.00 per week (75.00 current cs and 25.00 toward arrears) we of course wish for that portion of the overpayment to be put toward the arrears, which would still leave my husband overpaying about $4,000 or so to our best calculations (give or take a bit)
or will this automattically be ordered if the judge rules it to be retroactive to the date of Dec 11,2008?
if it is ordered, will custodial parent pay back child support, and they repay him? can we request a wage garnishment? or will they??
feel free to ask any questions neccesary to help us!!

 

[Proserpina]

What is the name of your state (only U.S. law)? Indiana
It has just recently, within the last week, come to our attention that my stepson may have moved out of custodial parent's home, living on his own, and may have quit going to school(college) stepson is 19 yrs old. We therefore did a little research and have obtained a "certified enrollment verification" from his college. And verified, not only has he not been attending college THIS term, but has not been enrolled since Dec. 11, 2008. Therefore we are filing (tomorrow) a verified motion to terminate child support due to emancipation and requesting that it be retroactive to Dec.11, 2008.
My question is this....is there something different we need to file along with this in order to recoup the overpayment of child support that has been paid UNVOLUNTARILY for the last 1 yr +??? We have been been flat out lied to this entire time by both the custodial parent and my stepson (school is going well, GPA, school break schedules, etc) when we have inquired. Husband has an income withholding order in place for $100.00 per week (75.00 current cs and 25.00 toward arrears) we of course wish for that portion of the overpayment to be put toward the arrears, which would still leave my husband overpaying about $4,000 or so to our best calculations (give or take a bit)
or will this automattically be ordered if the judge rules it to be retroactive to the date of Dec 11,2008?
if it is ordered, will custodial parent pay back child support, and they repay him? can we request a wage garnishment? or will they??
feel free to ask any questions neccesary to help us!!

"we" can't do a darned thing. Please have Dad come and register to ask his questions. Thanks!

 

[meg_dogg]

Sorry if I offended anyone, i only use the term "we" about filing, as I am the one who does the actual typing of the motions etc for him in his cases. I did use the terms HE and HIS for the monies however, as this does not concern me, only himself, and his ex-wife (and the courts). I am his "legal aid" I guess you could say, bettr at finding where to get the answers and wording things and nowing what to ask, so HE can get it done. again, i apologize, if it came across the wrong way, I am merely trying to find answers for HIM.

 

[Isis1]

Sorry if I offended anyone, i only use the term "we" about filing, as I am the one who does the actual typing of the motions etc for him in his cases. I did use the terms HE and HIS for the monies however, as this does not concern me, only himself, and his ex-wife (and the courts). I am his "legal aid" I guess you could say, bettr at finding where to get the answers and wording things and nowing what to ask, so HE can get it done. again, i apologize, if it came across the wrong way, I am merely trying to find answers for HIM.

are you aware of how much trouble you can get into for practicing law without a license?

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana
It has just recently, within the last week, come to our attention that my stepson may have moved out of custodial parent's home, living on his own, and may have quit going to school(college) stepson is 19 yrs old. We therefore did a little research and have obtained a "certified enrollment verification" from his college. And verified, not only has he not been attending college THIS term, but has not been enrolled since Dec. 11, 2008. Therefore we are filing (tomorrow) a verified motion to terminate child support due to emancipation and requesting that it be retroactive to Dec.11, 2008.
My question is this....is there something different we need to file along with this in order to recoup the overpayment of child support that has been paid UNVOLUNTARILY for the last 1 yr +??? We have been been flat out lied to this entire time by both the custodial parent and my stepson (school is going well, GPA, school break schedules, etc) when we have inquired. Husband has an income withholding order in place for $100.00 per week (75.00 current cs and 25.00 toward arrears) we of course wish for that portion of the overpayment to be put toward the arrears, which would still leave my husband overpaying about $4,000 or so to our best calculations (give or take a bit)
or will this automattically be ordered if the judge rules it to be retroactive to the date of Dec 11,2008?
if it is ordered, will custodial parent pay back child support, and they repay him? can we request a wage garnishment? or will they??
feel free to ask any questions neccesary to help us!!

I have yet to see an Indiana judge order a retroactive decrease or termination of child support. The best your husband could hope for is to have the arrearage erased.

 

[meg_dogg]

Update

Well he filed, and the clerk advised him to stop paying child support immediately. of course that isn't an option since there is an income withholding order. Her comment then was, "did you request then that it be retroactive in this motioon, because it cannot be considered unless it is requested in the original motion" he of course did request that. she said "good, the income withholding order proves the payments are being made involuntarily then." So there is hope, at least for the six month wait til a court date. His court date is not until June 14th. UUGGGHHH!!

 

[LdiJ]

Well he filed, and the clerk advised him to stop paying child support immediately. of course that isn't an option since there is an income withholding order. Her comment then was, "did you request then that it be retroactive in this motioon, because it cannot be considered unless it is requested in the original motion" he of course did request that. she said "good, the income withholding order proves the payments are being made involuntarily then." So there is hope, at least for the six month wait til a court date. His court date is not until June 14th. UUGGGHHH!!

June 14th??? Six months to get a court date is VERY unusual in Indiana. Three months isn't uncommon, but six?

Where in Indiana?

 

[Proserpina]

Well he filed, and the clerk advised him to stop paying child support immediately. of course that isn't an option since there is an income withholding order. Her comment then was, "did you request then that it be retroactive in this motioon, because it cannot be considered unless it is requested in the original motion" he of course did request that. she said "good, the income withholding order proves the payments are being made involuntarily then." So there is hope, at least for the six month wait til a court date. His court date is not until June 14th. UUGGGHHH!!

The court clerk advised your husband to stop paying child support?

Seriously?

 

[LdiJ]

The court clerk advised your husband to stop paying child support?

Seriously?

Some Indiana court clerks will exceed their authority in that respect...particularly in a child support case when a child is beyond the age of majority.

 

[Proserpina]

Some Indiana court clerks will exceed their authority in that respect...particularly in a child support case when a child is beyond the age of majority.

That's disturbing.

 

[meg_dogg]

The child in question here is 19 yrs old, will turn 20 in Feb. The case is in Allen County (Ft. Wayne), although neither parent lives in Indiana anymore. CP lives in Fl (as well as their son), and NCP lives in GA. This is absolutely the longest he has ever had to wait for a hearing, although they have not been back to court at all since thier divorce in 1993. The case he does go back often for is in Stueben County (much smaller, so never such a long wait). I imagine it must have to do with the economy and likely a lot of motions to decrease/increase child support, contempts for non payment etc. But yes 6 months is still rediculous, even in those circumstances!!!