Legal Question in Family Law in New York
Recovering Overpaid Child Support
My ex-wife filed for child support arrears, when I had paid her already. Support Magistrate ordered collection while I went 2 court to prove the petition was fraudulent. I paid nearly $5000.00 towards the arrears through Child Support Enforcement Collections garnishments. Now family court has determined that no arrears was owed. Child Support Enforcement is claiming that they cannot recover the money because it has been paid out to my ex, and they cannot offset the overpayment against future Child Support garnishments. The Family Court will not address the issue. 1. What legal proceeding can I take to recover this money?. 2. Can I sue my ex for expenses and damages as well for ruinning my credit - because CSE reported this against my credit, causing me financial hardship, loss of wages + travel expenses to attend court and personel stress etc.
2 Answers from Attorneys
Re: Recovering Overpaid Child Support
You may be able to start a small claims action for return of the $5,000 improperly paid to ex. However, you probably will not recover money for causing financial hardship, loss of wages and travel expenses, and personal stress.
Mike.
Re: Recovering Overpaid Child Support
In the first place this is APPARENTLY fraud (although it is not clear whether your Ex bBELIEVED in her claim). Either way, you should be able to recover in another Court for your overpayments.
Alothough you should definitely obtain LOCAL counsel on this, the amount may allow you to apply in Small Claims.
Do we have the lever of Fraud , involving Perjury here? Even if no charges are brought by your DA, the threat could force the issue in your favor.
Do you owe this SaME woman for future Child Support? I can not understand why a properly brought Petition, recognizing overpayments can not be brought. Perhaps we have a different child involved?
I do hope this has helped somewhat. You certainly SHOULD be able to find recourse in your local courts, if not Family Court, for overpayments, especially if fraudulently based.
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