Legal Question in Family Law in New York

Re: Child Support

Clearly, there has been an error. When your daughter came to live with you, your payments should have stopped and your ex should have been paying support to you!

Of course, neither of you should be paying now. You must alert the court as to the current state of affairs to get the support order ended.

The government will not make any refunds. You must look to your ex. If an agreement cannot be made, then a civil action against your ex for the overpayment would likely prove successful.

Re: Child Support

You can Petition the Court to Vacate & Terminate (nunc pro tunc, to the date of your Custody via the Court), the child support order, that never should have been entered; or was entered due fraud or misrepresention.

If the child support order was entered due fraud, you will probably be entitled to full reimbursement; and you may be eligible to charge the mother with penalty damages. However, if the order existed prior to your custody of your daughter, YOU had an affirmative obligation to Petition for Termination of the Order upon the change in circumstances.

Note, In NY child support is an obligation until the "child" is 21. So, if you are still supporting and are the "custodial" parent per a Court Order, you may petition for "child" support from the mother, until your daughter's 21st birthday (notwithstanding the fact that she has a child of her own).

Please note, I do not necessarily agree with the law and courts that will order (non custodial) parents to pay support, for their children who have children. But, that IS the present state of the law.

Re: Child Support

Without knowing all of the facts and circumstances, it is difficult to provide you with an answer.

In most situations, over-payment of child support is not refunded. Rather, credit is given to the payor which is used to offset future expenses for child support "extras" (health, education, child care).

You must apply to the court to have the support order vacated or modified.

If you should decide that you need an attorney, please feel free to contact me.