Legal Question in Family Law in New Jersey
My husband recently found out that he has overpaid his child support by 30,000. The J.N. porbation officer who's handeling the case told him that they can only make his ex-wife pay back 4,000 of the amount owed. Is this legal? He never missed a payment & followed the court order to the letter. For the past seven years he has paid support for two children and the older child has not been in school for the past 10 years. He did not graduate from high school and he was only emasipated when about a month ago because my husband begged the ex to finally handle the situation after making several request. We do not liv in the same state and the ex uses the distance to her advantage.
2 Answers from Attorneys
What county in New Jersey?
There are a lot of factors.....really need more information to give you a good answer. He might want to sue the ex- wife civilly for anything the court will not allow.....
How did he find out that he overpaid and what constituted the overpayment....
It definitely should be addressed and a lawyer could help.
You are welcome to call me to talk at no charge
215 732 5000
Saul H Segan
Web site www.saulhsegan.com
One problem may be that he did not file for modification earlier when the child should have been emancipated and when the child was out of school ---but again, this is guessing and I don;t want to give you bad advice.
Call me tomorrow if you would like to talk to me
Saul
It all depends on all the facts and circumstance. For example, if there is a failure to reveal a situation wherein child support should stop there may be a recovery.
Call me if you like.
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