Legal Question in Family Law in Minnesota
Child Support Overpayment
My son's father has been behind on his child support for years. Recently, I worked out a deal with his mother to loan me some money. She sent $10,000 but wanted it to go through the child support office so he'd get credit. Since he was only $6000 behind the county will not release the other $4000 stating it is considered a ''future debt''. They can either return the money and it would be returned to him (not his mother) or else pay it to me monthly until it's paid out. Do I have recourse in trying to get this money that I had originally asked to loan so I could attend college?
1 Answer from Attorneys
Re: Child Support Overpayment
If his mother made a payment through the child support office, they will treat the payment as child support and set it off against his past and future obligations. It is not often that anyone has a support obligation paid to a child support office in advance, and the support office can release it under the terms of the order -- which is monthly.
You could bring a motion in family court, but I do not think it likely the court would be sympathetic. First, child support is not a student loan, and is not intended to assist you in paying tuition. Second, money paid to the county, no matter what his mother's intention (which seems to be that it be treated as child support, so his arrears would be satisfied) will unequivolcally be treated as support and the child support office is not equiped to make lump sum disbursements of future obligations.
If his mother agrees to help you with tuition, that should be done in some other way, perhaps by a direct payment to the school.
Good luck.
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