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Child support overpayments

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Latest post Wed, Feb 8 2017 1:36 AM by timothynates. 3 replies.
  • Sat, Aug 27 2016 12:54 AM

    • billynaz
    • Not Ranked
    • Joined on Sat, Aug 27 2016
    • AZ
    • Posts 1

    Child support overpayments

    I'm NCP.. My child support order includes child daycare (50%).  This equals $595 per month. I have been paying this on top of my child support since January. I recently found out that my ex wife has been receiving child care assistance and the total cost of child care was $550. I feel I should only pay half of the amount paid to the daycare provider, she feels different. Throughout this time she has been telling me that the child care has not changed. In addition she quit working and is keeping kids home so even though she is accepting my $595/mth there are no child care costs. I filed a petition to modify child support but she has refused to pay me back for the over payment during the months of January through May and the full $595 for May through August (current month). Can I file a motion for her to repay me this?  

  • Sat, Aug 27 2016 7:16 AM In reply to

    Re: Child support overpayments

    You can certainly ask the court, but don't hold your breath.

  • Sat, Aug 27 2016 8:44 AM In reply to

    Re: Child support overpayments

    If she was collecting child care cost from you and there was no child care you can sue her for that. I would talk to an attorney about how else you can get this overpayment back. I am not sure if the courts will temp reduce your support to make up for it? You may have a hard time collecting any judgement.

  • Wed, Feb 8 2017 1:36 AM In reply to

    Re: Child support overpayments

    Yeah. I encourage you to ask the court also. divorce lawyers Brisbane tend to get really confused.

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