Four years ago my wife and I divorced. In our original child support order my wife stated that she had enrolled my daughter in an aftercare program and I was ordered to pay the full amount. It recently came to my attention that my daughters aftercare costs have not been even close to the amount ordered. I have invoices for the last two years and the overpayment is close to 12k for only that time. I am still trying to get invoices from her preschool(first two years) but both my ex-wife and the school refuse to share any documents with me. They claim legally they are not obligated to. I am filing for a modification for child support based on my wife getting a substantial raise at her job and also based on her decreased child care expenses. Is it possible for me to be reimbursed for the amount I have overpaid? I have the documented proof from the schools that she has not been paying the amount she claimed. She never informed me of any changes. I know there is a statute in Washington state that says I would be entitled to a refund but I wanted to know if there is something similar in Colorado state law.
If the aftercare cost was entered as an "adjustment" on the child support worksheet (meaning she was credited with paying this out of pocket) and thereby baked into child support, then you don't likely have any way to claw that back.
If the court ordered that this actual expense be paid or reimbursed by you only in the actual amount paid, then you could have a remedy to get reimbursed. (You could subpoena records, if they exist, from the school or get documents directly from Mother through discovery.)
I would need to see the court order.
You can reach John Hoelle at (303) 415-2040 or [email protected] John is an attorney licensed in Colorado. Answering your questions online does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights.
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