Legal Question in Family Law in New Jersey
Overpayment of Child Support in New Jersey
The non custodial parent has been paying child support even though the child should have been emancipated. Now that the court is emancipating the child can the non custodial parent retrieve to overpayment of funds back to the date of emancipation?
2 Answers from Attorneys
Re: Overpayment of Child Support in New Jersey
Probably not, unless you can prove some type of fraud such as misrepresenting that the child was going to college, or not telling you that the child had married.
Re: Overpayment of Child Support in New Jersey
"Can"? Depends on how the judge wrote the order. Assuming you "can" the next answer is how you do that. That's could be rather difficult as the judge will likely not put that in the order. Hopefully you had an attorney handle this for you and if so, just go over this with him or her.
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