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I paid c hild support. My ex-wife did not spend any child support money and saved it. I had to pay for everything. Do I get back

After divorce, as per court order I paid c hild support. My ex-wife did not spend any child support money and saved it. I had to pay for everything. We did not speak to each others. I think I double paid or overepaid. If I ask the Court now do I get my money back? Thanks

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Attorney answers (1)

Reputation Level 11
Your ex doesn't necessarily have to spend "your" dollars on the children. Besides that, how do you know, or prove, that she has been saving your support dollars? She could be saving her own dollars. In addition, saving money is not a bad thing.

If you have paid more than the court ordered child support, you may be able to get that overpayment back or get a credit against future support. The courts cannot retroactively change your support, however. They can only change your support from the time you serve and file a motion to modify your support. On the other hand, if you have only been paying the court ordered amount, there will be no relief for you, even if you can somehow prove that your ex has been saving those dollars. Each parent has an obligation to contribute to the support of the children and our legislature has determined what portion of each parent's income goes for that support.

You will need to see an attorney to determine if there is any relief possible for you.

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