Will family court judge rule that my ex wife has to refund my child support?
Question:
I’ve been paying full child support for my child for the last several years. A year ago my ex wife moved away and my daughter didn’t want to go and has been with me 95% of the time (documented). My ex wife has already verified in court that she moved away and that my daughter has been with me the majority of the time. Court has given me temporary full custody and temporary suspension of my child support payments. I have to go back to court soon and wanted to know if I need to ask the judge specifically to rule on my ex wife returning my child support payments back to either the date I filled the petition (or back to the date she admitted to moving out of the area). Depending on the date, it’s $10k – $18k.
Child support unit stated that if the family court judge rules that my child support be returned back to a specific date, they can act on it. They said they can add up to an additional 50% to her child support payment and/or garnish her tax returns until the amount is paid back to me.
Several people (including attorneys) told me that it is highly unlikely that the judge will rule in my favor. Are they right? if so, why? Is there a way I should ask for it?
Download Our Free Divorce Guide
Answer:
There is a public policy position in NY that overpaid child support not be recouped. The Court will likely tell you that you should have filed sooner to suspend the support. You can obtain prospective child support from your ex from the date of your petition. But, it is very unlikely that you would be reimbursed for anything that you paid her.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga Child Support Lawyer in Clifton Park. This does not consent an attorney client relationship.
