Legal Question in Family Law in California
retroactive pay or small claims
paid $300 mo. for 2 1/2 years for childcare and mom never incurred cost(daycare was free-eoc)can I ask for those monies back or sue mother in small claims? also,denied visitation all summer and january and feb.of '05 but still paid $863mo.
1 Answer from Attorneys
Re: retroactive pay or small claims
Re the child care costs never incurred - maybe you could have a claim for reimbursement based on fraud or mistake, depending on the amount of time passwed. The family court would be the proper court, not small claims. You will have to decide if what you will be left with after legal feesl and the bad feelings it will likely cause with your children's mother and possibly your children is worth it.
Re the payments when you did not see your children: no you cannot get child support back for the time you were not permitted to see your children. The proper remedy was going to court to enforce the visitaiton order.
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