Legal Question in Family Law in Alaska

child support overpayment

State of Alaska, year 2000. Mom had primary custody. dad paid 500 per month is child support. In 2003 mom and dad agreed to 50/50 custody and no child support. Mom was pro se, Dad had attorney. Attorney set date to go back nunc pro tunc 1 and 1/2 years. Mom didnt catch it. Now in 2007, Dad wants the support he paid to Mom in 2002 based on 2000 order of 500 permonth. Since new order retroactively modified support already paid. Judge agreed with Dad. Mom got the support when it was due to her from order. spent on care of child. Now three years later, Dad wants it back. Judge said no statute of limitations on child support. Mom disagrees. Only on ARREARS, this is not arrears. Mom says Dad should have had reduced to judgement in 2003 hearing. Judge said Mom should have caught it in 2003. Need legal basis to ask for reconsideration. Mom asked judge the reason why siding wuth dad. She said she didnt need to give a reason. It was based on the order that both parents pay no child support. Should Dad get the money back this late in the game or should he have had to act in 2003 like Judge said Mom should have? Again, this is not arrears. this was support paid based on active order and went to support of the child.

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