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  • child support overpayment

    My ex-husband paid me court ordered CS from 2008-2011. He's been done paying for 6 months now. I just recieved word that he has filed paperwork with his lawyer to try and get about $8,000 back from me because his income went down and he in turn overpaid for those 3 years. He told my son that he "forgot" to have it adjusted at the time. I would think that it is up to HIM to have this adjusted every year when he gets his T-4 and if he does'nt....his loss. This is insane! Does he have a chance of getting this?? I filed for bankruptcy in march and i am broke!

  • #2
    Highly doubtful...

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    • #3
      Originally posted by representingself View Post
      Highly doubtful...
      Which is strange because retro payments for CS can be ordered for underpayment.

      Sounds like a double standard.

      Either way, he should not talk to your son about it.

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      • #4
        I agree with Billm... If he under paid would you be seeking repayment? There should be no double standard. Did you two not exchange financials yearly?

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        • #5
          i would'nt have had a problem recieving "less child support" if it was adjusted at the time.....but to come back and try and get 3 yrs. of an overpayment all at once because "he forgot" is just crazy. im still supporting my son to this day but no longer recieve support because he's over 18. (at least until he finds a job)

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          • #6
            no, we did'nt exchange financial info. i assumed his income stayed the same since he did'nt file for any adjustments. I should'nt have to inform him to do this...the onus was on him....or so i thought

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            • #7
              My point was, if he never adjusted and then you found out he owed you $8000 would you expect that payment? I am going to say yes especially now that he is no longer paying support.

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              • #8
                to be honest....i probably would'nt. I want nothing to do with him for the rest of my life and i was hoping since he was done paying child support i would'nt ever have to deal with him again..no such luck! Anyway, thanks for the input.

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                • #9
                  Originally posted by Berner_Faith View Post
                  I agree with Billm... If he under paid would you be seeking repayment? There should be no double standard. Did you two not exchange financials yearly?
                  Actually, I think that retro payments (in either direction) should only be done if either party shared financial information that was intentionally incorrect or did not supply information when requested.

                  Retro CS payments make no sense otherwise - the child is already raised and the payments at the time were used without the expectation that they would be revisited.

                  The mother in this case raised the child according to the amount of money she had personally combined with CS payments. The 8K WAS spent on the child, too late to get it back (unless you want to get it from the child )

                  However, in the case of intentional fraud - the same is still true (the child has been raised, can't go back in time), but retro payments make sense as a deterrent, as long as the money goes to the child.

                  So in this case, the father should have done something before the money was spent on the child. The onus was on him (in my opinion), he did nothing (other than to provide very well for his son considering the father's income).
                  Last edited by billm; 06-21-2012, 05:31 PM.

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                  • #10
                    I agree Billm... Retro support or repayments seem very unnecessary as if they survived without it, what good is it to them now? However I guess the question remains about what will happen if this goes to court?

                    Unfortunately Nikki just because he is done paying support he most likely will never go away, there may be special occasions where you two are forced to socialize, weddings and such for the benefits of the child.

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                    • #11
                      Originally posted by billm View Post
                      Retro CS payments make no sense otherwise - the child is already raised and the payments at the time were used without the expectation that they would be revisited.
                      My ex refused to pay any child support for the first three years. I paid for the majority of my children's expenses through a line of credit. The retro support went to pay off the line of credit.

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                      • #12
                        thanx everyone for your opinion and input.

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                        • #13
                          he forgot to tell you about his wage decrease.....but guess what you forget to show him all those kid activity expense bills and he owes 8000.00 also....take it from being in court with a slippery eel for an ex wife.... dental,medical, boyscouts, charity runs, summer camp....came at me for support over payment!.....and the judge listened to her..with no reciepts...I was lucky to get outta there with my 9,000.00 dollar lawyers bill...lol...huh?

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                          • #14
                            Originally posted by Mess View Post
                            My ex refused to pay any child support for the first three years. I paid for the majority of my children's expenses through a line of credit. The retro support went to pay off the line of credit.
                            Makes perfect sense. Retro CS totally reasonable.

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                            • #15
                              Originally posted by MrToronto View Post
                              he forgot to tell you about his wage decrease.....but guess what you forget to show him all those kid activity expense bills and he owes 8000.00 also....take it from being in court with a slippery eel for an ex wife.... dental,medical, boyscouts, charity runs, summer camp....came at me for support over payment!.....and the judge listened to her..with no reciepts...I was lucky to get outta there with my 9,000.00 dollar lawyers bill...lol...huh?
                              Sorry, MrT, can you explain this post - It can be interpreted in different ways, at least I don't get what you are saying.

                              Comment

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