Legal Question in Family Law in New Jersey
I have paid child support through probation(deducted from weekly check).i have had no contact with child since he turned 16(he is know 25).i have found out he has not been in school since he was 18.1 am planning on emancipating my son. my question should i be entitled to overpaid child support?
4 Answers from Attorneys
You want to file a motion to terminate child support right now. You may be able to get back part of the overpayment of child support. But you should file the motion to cut it off, and you should file it right away.
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Clearly, there was fraud. There are two questions. Is the custodial parent capable of refund the
child support payments? Why did you wait so long? College is normally four or five years.
Call me if you like.
I would have alawyer file a motion with a brief to support any kind of a refund.
Recent caselaw suggests that you may not be able to get anything back.