Legal Question in Family Law in Florida
I pay child support (CS) thru IDO for 2 children. One graduated from HS in May 2011, and my order says my CS it was supposed to stop for her then. However, CS has continued to take out the same amount, and the order doesn't specify the amt that should be paid for 1 child. Am I entitled to receive a refund of the amount paid in excess of what would have been required for 1 child?
3 Answers from Attorneys
Refund from the ex, maybe, you have to file a petition to adjust the child support.
You are not entitled to a refund. Until recently, child support orders didn't include language to automatically change when a child aged out. The child support amount remains unchanged until you file a motion to modify support.
You will have to file a Modification Motion to terminate support for the older child and lower the amount in total as there is now only 1 child. Unfortunately you will not get a refund. However, depending on your relationship with the mother of the children she may agree to a credit to be applied to your support. Any such agreement would have to be in writing.
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