I've never been here before...hope someone out there can help with some advice. I'm required to pay child support for two children, 15 & 18 y/o. For the past 11 months either one or both children have not been living with my ex, yet I have continued to pay the full amount of support. According to the Court Order, I do not have to pay anything if the child(ren) do not live there. Can I recoup the overpayment? My bank has just recently garnisheed my bank accounts because my ex refuses to admit I've been making directly payments. I'm getting the cancelled cheques but they took my bank accounts in the meantime on top of the money I believe I've overpaid. Please help. I'm going crazy with this! cobed.
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Hi cobed,
A court order for support can be changed with a motion to vary child support. In your motion you may ask the court to reduce your child support payments effective the date on which you feel your child support should have beenr reduced. If your wages are being garnished, the FRO will continue to do this until they are provided with a new court order.
It's a good idea to keep all of your cancelled cheques and any other evidence that shows your child support payments.
Hope this helps,
Lindsay
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