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

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


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 advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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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 general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.

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