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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.