Legal Question in Family Law in New York
can I be sued?
My boyfriend has two grown children, and has just recently been relieved of his child support obligations through the courts. Phoning him the other day was his ex wife and her spouse claiming that they want money for his sons college tuition, books, and a college credited course on mathmatics that his son had signed up for on the internet.My boyfriend has met all his obligations, and then some. He has paid half of his sons gas money on a monthly basis, numerous dental, and doctor co-payments in full,(he was required to pay @ 56%), as well as cell phone costs and has paid for his braces in full ,remember,she was responsible and didn't pay her share. We found out in December that his son had moved out of his mothers home in Novemeber, and she told him not to tell his father.He knew this but continued to pay all of the above until his son finished school, and had a full time job. This means his ex-wife had recieved $210.00 every two weeks for 6 months,& the son didn't live w/ her.
Can these people actually take him to small claims court? If so can he countersue them for the money they collected while the son was not residing there? Isn't that a fraudulant case?
1 Answer from Attorneys
Re: can I be sued?
He can be sued.
He can counterclaimn for the overpayments (not the support but the extras). He can't countersue for the money the mother collected while the son was not residing with the mother except from the time after the support order ended or was cancelled by the court.
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