Legal Question in Family Law in New York

Recovery of child support overpayment

It was just pointed out by my ex-husband that according to our divorce agreement, our first child was emancipated and thus, child support payments were to be reduced at age 21. However, both of us thought that emancipation was upon graduation of college. The child turned 21 May 19, 2004, but I have received the unadjusted (for her emancipation)amount up through last month when she graduated college. Just discovering his error, my ex-husband wrote me a letter requesting I ''suggest'' a payment schedule reimbursing him the approximately $3500 he overpayed for the past year.

Obviously, not knowing that he was overpaying for the last year, all support money has gone to my children -- and I do not have, nor do I want to have to reimburse him this money for his error. Could you please let me know if he has the right to recover the money since it was his error?

I have also read online that he cannot automatically deduct from future support payments without my concent. Is this correct?

Please let me know if there is any law or procedure that he can use to force repayment or conversely if there is any law that supports my case to block that attempt since it was his error and dates back over a year.

Please contact via email.

Thank you.


Asked on 6/13/05, 9:17 am

1 Answer from Attorneys
Jean Mahserjian Jean M. Mahserjian, Esq., PC

Re: Recovery of child support overpayment

I would have to review your agreement to give you a better answer to your question. It is possible for a court to determine that your ex husband made a gift of those funds to you after your child's 21st birthday. It is also possible that if you have younger children, support would have been increased upon the emancipation of the oldest - thus providing you with more support than you actually did receive. If you would like to have a thorough review of your agreement and situation, please call at 518-383-1182 and speak with Alexis to schedule a consultation.

Read more
Answered on 6/13/05, 10:26 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York