Can I take ex-wife to court to recover child support she collected after our son moved out and was working 35+ hrs a week for last 1.5 years?

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Can I take ex-wife to court to recover child support she collected after our son moved out and was working 35+ hrs a week for last 1.5 years?

Can I take my ex-wife to court to recover child support she collected since our son moved out into his own apt and has been working 35+ hrs a week for over 1 1/2 years? Son was 19 when he moved out (now 21); does not go to college or trade school. The payments were made by auto-deduction from my paycheck, so I could not stop it myself. i tried to get info on modification and was “threatened” by Child Support Enforcement. It was a 50/50 shot = 50% might stop or 50% they will increase it and I could not take the chance for increase.She collected 19 extra months = $8974.33.

Asked on August 23, 2012 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country your former wife is obligated to repay you the $8,974.33 amount that you overpaid in child support plus accrued interest on the amount. I would write her a note demanding payment by a certain date keeping a copy of such for future use and need.

If you do not get the response you want by the due date, then your option is to consult with a contracts attorney as to how to proceed in getting what is owed you.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would take a shot but I would bring all your documentation to an attorney to review just to be sure.  And I would gather what ever evidence that you think that you can to prove the facts needed on his emancipation, etc.  Good luck.


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