Legal Question in Family Law in California

overpayment of child support

My husband had been paying child support on his two sons, since 2004, but doesn't now as they are over 18. We just found out that the ex has been collecting on my husbands pension since 2003, getting $840 a month. She never disclosed this on any of her court documents, when figuring how much CS my husband would pay her. Can we take her back to court, one for fraud on her wage declaration, and to get an overpayment of CS back to us? I'm sure were talking about an overpayment of about $4000 per year.


Asked on 4/22/08, 11:18 pm

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

Re: overpayment of child support

yes you can go back on fraud, but before you do that you might want to find out how that income would have changed the order. it may be less than you think. run a child support calculation using all the know income information and compare it to what your husband paid.

Read more
Answered on 4/22/08, 11:39 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California