Can I sue for overpayment of child support to recoup the money from the custodial parent?

Asked about 1 year ago - Montclair, NJ

Court emancipated the child but money still went to CP. CP was at the hearing when ruling was made. Did not contest. I was still garnished and CP received money.

Attorney answers (2)

  1. Kenneth A White


    Contributor Level 20


    Lawyer agrees

    Answered . First, you should calculate just what you are fighting for, i.e. a few hundred dollars vs. several thousand dollars. Provided it is financially worth the effort, you may want to start be seeking an amicable resolution with your ex which can be confirmed by way of a Consent Order. Alternatively, to secure relief you will have to file a Motion with the court.

    For a reliable opinion regarding the likelihood of success via such a Motion you should schedule a consultation with an experienced family law attorney who can take the time to review with you "all" the relevant facts and circumstances.

    Kenneth A. White, Esq.

    The Answer provided was based on the limited information provided, and represents information based on the law in... more
  2. Leonard Roy Boyer

    Contributor Level 16

    Answered . You can certainly try, but on your own you don't stand a chance of being successful. Even with an experienced attorney it will be a difficult situation, and without reviewing all the legal pleadings and documents in the Court's file, it will be hard to ascertain the exact situation. Good luck.

    Leonard R. Boyer, Esq. 201-.675-.5577. If you found this Answer helpful, please mark it as "Best Answer" Please be... more

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