Fraud related overpayment of Child Support

U

uptohere2017

New member
Today was a win day. I got a Final Order terminating post-secondary child support. I found out my child graduated from university in 2015. Neither my ex or my child let me know and I've been overpaying child support since then. I filed a motion with affidavit evidence showing my kid had graduated. The Judge ordered child support terminated. So now I have overpaid two years of child support to my ex. The amount is substantial. When I first contacted FRO in 2016 to advise my kid had graduated, they contacted my ex and she said she did not agree child support was ended. They then sent me a letter stating same and that child support should continue. I want my overpayment money back. Is there any way to prosecute her for fraud? Did FRO fail in their due diligence? Surely, a person cannot have child support continue for an adult child just on their say-so without submitting evidence? I have another child in post-secondary now and would consider having any overpayment on my behalf applied to her child support file through FRO. Any and all advice is appreciated. Thank you.
 
Maintenance enforcement agencies only act on Orders. It was incumbent for you to get an Order ending support which you did. In going after the over-payment you would probably have to indicate why you did not seek an Order stopping CS (you indicated you didn't know child quit school - can you prove this?). You should talk to a lawyer about your situation and see if you have any recourse.

Were you ordered costs in your application?

Congratulations BTW!
 
I didn't have any costs since I did it myself. I can prove that I had an idea my child wasn't in school since I contacted FRO last year to stop support. I was not allowed to file any more motions with the Court unless I filed a request with the court to allow me to file an motion. I was granted that permission but since I am now self-representing and the last time I was in court was 2010, I did not know what to do. I did speak with a legal aid lawyer today that told me that what my ex did was out and out fraud. She felt that I would get the overpayment so now I feel more confident. She suggested speaking to FRO directly but I have no idea what dept. to call. Maybe their legal dept? By the way, I had a friend whose Order was unclear when child support should end. They called FRO legal dept. and FRO decided to stop support based on how they interpreted an Order. There was no court appearance or documentation filed in that instance.
 
Why was there instruction in place to prevent you to "file any more motions unless I filed a request..."? Were you deemed to be a vexatious litigant? How many motions have you filed in the past?
 
I was initially trying to have my child support reduced after I lost my job because she was constantly harassing me there. That was back in 2009. I only wanted it reduced to my new income but she fought tooth and nail and we had a judge that didn't care what I produced and never considered any of my arguments. She asked for the court to add that I have to ask leave to file any more motions and they granted it.
 
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