Will I have to pay back Child Support money collected by CSU for my child who turned 21 two months ago?

Asked over 1 year ago - Oneida, NY

My divorce court order reads that my ex is to pay child support until my child turns 21. My child turned 21 two months ago. My child is still in college full time (3rd year). CSU is still collecting and my ex is still paying CS. Is it my ex's responsibility to take me back to court to point out my child is now 21? Will I have to pay back money for the time since my child turned 21 or will it be based on when my ex files a petition to stop paying? I called CSU but they told me they couldn't answer my question and that I should ask a lawyer.

Attorney answers (4)

  1. Edwin Drantivy

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Since you are not entitled to the funds under the divorce decree, you will probably have to give it back unless he lets you keep it.

  2. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . You are receiving money you are not entitled to. You may have to give it back and perhaps you have criminal exposure but I doubt you will get arrested.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Louis Lawrence Sternberg

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . You are not entitled to keep that money. Your ex may sue you and demand repayment of the funds.

    It is always advisable to contact an attorney. For a consultation, please contact our office at 516-669-3295.... more
  4. Jayson Lutzky

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Bring the paperwork to your divorce lawyer to review it. If you are not entitled to it, then you will need to refund it.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more

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