More details to this question:
My ex-wife took me to court in 2005 to adjust my child support payments to include child care. In 12/2013 she sent me an email admitting that she hasn't had child care since 2003. I was paying $111/ month for child care. I calculated based on the payments I have made from 2005 to 1/2014 that I have paid approximately $10,000 in child care. Am I able to get that credited back to me? Do I need to open a court case? Is this considered child support fraud? I live in NV & my ex lives in NC. Our child support case is in NV.
1 ANSWER
If, as you indicate, the original child support order was out of Nevada, it is possible (but not certain) that you can get an order of reimbursement, essentially on the basis of fraud, since the e-mail you speak of states that there was no such expense when the original order was made.
NRS 125B.080 states in part that "Any inaccuracy or falsification of financial information which results in an inappropriate award of support is grounds for a motion to modify or adjust the award." Whether that statute can be used to obtain a retroactive adjustment and order of reimbursement has not been clearly established by the case law.
You need to bring the original court order, all orders altering or adjusting it, and any relevant correspondence -- including that e-mail -- to a family law specialist who knows child support law. For background, you might want to see the materials we have posted at http://willicklawgroup.com/child-support/.
Answered on Feb 09th, 2014 at 3:50 PM