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Overpayment of Child Support

Davis, CA |

My ex was granted child support based on the fact I had no custody or visitation of our child. She requested guideline support which was granted at $411, then she requested daycare expenses which she was granted $300 extra. My lawyer found out that her receipts were fake and she never paid daycare cost because she was on a state program that pays child care based on her income. Because I was ordered to pay so much started from the date she filed, I ended up in rears. Once we got a court date and everything was found out, her lawyer requested that we sign paperwork to forgive the rearage AND the overpayment. Is there a way I can still go after her for the overpaid child support since there would have been no rearage if she hadnt lied about paying daycare cost?

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Attorney answers 2


Depends on what the agreement states. It is possible if it wasn't settled.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456


Talk with your previous attorney

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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