my daughter Laura (03/04/1989) now is 19 years old. Dispite I knew that she is NOT full time student and working, I sent child support, trying to contact her mother. They do not accept my letters, now I would like to get back Laura's portion of Child support. My oldest child Michell (04/15/1987) is full time student.
Please advice how should I proceed?
Please find the latest letter that I sent to them. (They live in Florida, but by divorce agreement all court in Brooklyn, NY)


Marina {lastname removed-<>}
{address removed-<>}

Marina:

According to the stipulations of my child support agreement, I am required to pay child support for Michelle and Laura {lastname removed-<>} until they each turn 18 years old or until they each turn 21 years old, given that they are enrolled in a full-time higher education program.

I am aware that Laura graduated from high school in May of 2007 and is currently working. Despite my knowledge that she is not currently enrolled in a full-time college program, I have paid the monthly child support payments since June of 2007 to the present today.

However, in order for me to continue paying child support for Laura, it is necessary for you to provide me with an official, original (sealed and stamped) letter directly from her college/higher education program attesting that she is in fact a current, full-time student. If she is not currently enrolled in a full-time, higher-education program and you are unable to provide with proof, I am legally not obliged to continue making the monthly child support payments. Additionally, I have been advised my counsel that I may exercise the right to request for a refund of Laura’s portion of the monthly child support funds paid since June of 2007.

Please provide me with the above-mentioned proof attesting to Laura’s educational status before April 1, 2008.

Lastly, I am aware that Michelle is currently a University of Central Florida (UCF) student, set to graduate in the class of 2009. Please also provide another original, official (sealed and stamped) letter confirming that Michelle is a full-time student, set to graduate in the spring of 2009, in order for you to continue received Michelle’s portion of child support, until she graduates.




Sincerely,


lease find the latest letter that I sent to the mother of my children

Mom of 2

First, speak to your lawyer about this. Second, since you are the father, you have every right to contact the school where you thought that she was enrolled to check to see if she is a full-time student. The fact that you wrote this letter attests that you are trying to be in compliance with the child support order, which is commendable. However, I would not hold your breath about getting a refund. My feeling is that since your ex is not forthcoming about the facts of whether or not your children are in school or not, she is most likely not going to refund any money to you. Taking her to court would probably cost you more than the actual refund, but I could be wrong. Talk to a lawyer in your area, as that is the state where the actual divorce took place, right? They are the best to know about all of this. Contact the school where your oldest attends, or you think they attend. Since you are her legal father, you have every right to know what is going on with her education. You may need to provide proof of who you are, but you have every right to that information. I would not wait for the mother to provide you with anything. Although you gave her a date to respond by, I don't think that this is enough to MAKE her do anything. If she thinks that you will be waiting for her to provide you with this info, she is going to sit on it. Talk to a lawyer about this.