Legal Question in Family Law in California

Child Support Overpayment

My husbands son turned 18, 2/1/08. He quit school in February, and we were not notified, so we could have the CS payments stopped. We have since filed to have the order stopped, because he is not a fulltime student. Until a judge signs the order, we are still paying the ex CS. Can we take her back to court, to get our overpayment back from Feb 2nd, from the date the son quit school, since we were not notified, or does it become an overpayment from the day the Judge signs the order, and my husbands work has paid the ex CS. Will a Judge make her pay us the money back?


Asked on 2/27/08, 5:00 pm

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Child Support Overpayment

look at your order. if it says your support stops when son is 18 and no longer in school, then that's when it stops. you can get an order that son's mother reimbursed you for overpayments.

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Answered on 2/27/08, 5:33 pm


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