Child Support Overpayment

HaloDog · #1 Oct 11, 2006, 07:36 PM

I am in South Carolina. My last child graduated from high school in May. My ex continued to pay child support for 6 weeks. I was struggling financially at the time and thought he was being considerate since the payments were no burden for him. Now he says he made the payments in error and has demanded that I repay him. His other two options are for me to deduct the court ordered reimbursements he owes me for medical costs and textbooks from January of this year until the overpayment is used up or for me to hire an attorney. Can he legally make these demands?

The WB · Oct 11, 2006, 08:59 PM

If he takes you to court, he probably could because it is an overpayment. A lawyer may cost more than what he overpaid. Unless, the kids are going to college. Check your options.

excon · Oct 12, 2006, 05:17 AM

Hello halo:

Well, of course, anybody can make any demand they want. Do you have to comply? No. But, he'll take you back to court and you'll lose. The first option he offered sounds best. How much can 6 wks of child support be? $1,000? A lawyer will charge you that much to sit down in his office.

excon



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