Legal Question in Family Law in California

getting overpayment of CS back

My husbands son turned 18 2-1-08 and quit school 2-5-08. According to the court document, if he quits school and is not a fulltime student, then CS stops. The Ex never notified my husband, and the school wouldn't give us any info because the son is 18 and requested that his Dad not have any info. We filed at the court on 2-20-08 to stop the wage assignment, but in the mean time, the ex is still collecting Cs. Can we take her back to court, to get the overpayment, and ask for the money back from 2/5 or do we have to ask for the overpayment from the time we filed the wage assignment. Also, should we send the ex a certified letter requesting the overpayment be returned or just file a court order? Isn't the ex obligated to notify my husband that their son is no longer in school?


Asked on 2/29/08, 2:12 pm

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

Re: getting overpayment of CS back

answered below.

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Answered on 3/02/08, 10:37 pm


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