How to get reimbursed for past support payments if my son was living with me?

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How to get reimbursed for past support payments if my son was living with me?

I have paid child support in full for the past several years. This past year my 16 year-old son came to live with me and I continued to pay child support. I did not request an abatement as I did not know about it at that time. Is there a way I can seek restitution for payments made?

Asked on October 23, 2012 under Family Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The way to resolve the issue that you have written can be accomplished two ways as follows:

1. you and the other parent of your child enter into a stipulation and order to be filed with the court after you each sign it where your child support payments are reduced to a certain amount and you are entitled to a rebate of money paid;

2. if the other parent refuses to agree to the suggestion in # 1 above, you will need to file a petition with the court sekeing the relief you want.

I suggest that you have a family law attorney assist you in the above and in drafting any documentation.


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