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Is it possible to get back child support money paid to the wrong person?

Troy, NY |

My daughter was placed in foster care for 14 months for erratic and wild behavior. I had no idea I had to get a modification to have my support payments forwarded to the county. I was recently billed by Otsego county for 4.6k. I have paid the balance off and the woman at SCU told me that my ex wife should not have received those payments. I am asking if it is possible to get reimbursed for those payments at that time since I had to pay Otsego county who should have been receiving the payments from June 2011 through August 2012. Thank you for any possible answers.

Attorney Answers 2


Otsego County is only entitled to payment to the extent that they filed a support petition against you and the mother. Did they do that? As for recouping support payments from the mother, the date you fike the petition terminating your obligation, is the retroactivity date for recoupment purposes. You could commence a civil action attempting to recoup overpayments, but you won't get recoupment from family court.

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You will need to sue, and it can be brought in small claims court so you will need need to spend a lot of money fighting the action. It is worth a shot.

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