QUESTION

Can a judge order me to return child suppost arrears

Asked on Mar 30th, 2015 on Child Support - New York
More details to this question:
10 years ago a judgement was made for my ex to pay a specific amount of child support each month. Over the past couple of years because of his income changed, the child suppost agency was only allowed to take a certain percentage of his wages, therefore, the child suppost dropped in half. My ex never went into court and the other half owed each month went into an arrears.Over time this added up and he came into some money recently and the child suppost agency took iit right from his account to pay me the arrears in full. Now he went into court and served me papers asking that the arrears was an overpayment and he wants it back. What can happen? I reside in NY
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1 ANSWER

Divorce Attorney serving Garden City, NY
1 Award
Hi First the burden is on your ex to prove that support collection seized too much money from him.  That's not your problem.   Second there's a real question about whether he can recoup any monies paid toward child support, particularly since he's been a deadbeat.   Question:  was there interest added to the judgment?  If so, that may explain the additional sums he's claiming he didn't owe. I would appear in Court and tell the judge that you've been running after this guy for 10 years, that support collection has been collecting, that the sums were insufficient to cover his obligation and that you've been having to make due on a lot less than he was supposed to pay.  What happens going forward also?   Is he going to pay?  Does he owe you money already?  My position would be that, with a guy who has been irresponsible, you need to make sure that there are sufficient monies coming in to provide for your child in the future.   I would hope that a judge would look at his history and reject his position. It also depends on the amount of the overage he's claiming was seized from him.   If it's alot of money, a judge may feel that such a windfall to you is not justified and the judge may order that he gets back part of it.  But, again, it's up to support collection to iron this out with your ex -- and it's not your responsibility. Good luck
Answered on Apr 06th, 2015 at 12:43 PM

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