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Justi
Mar 20, 2012, 10:12 PM
In California I currently have an active support case. Child is 17 yrs old, father has not had visitation since age of 7, never picked her up from sitter. I have paid all medical, dental vison since birth. I received notice of overpayment for dental expenses I paid and insurance reimbursed father instead of returning to dental office and myself. Father would like repayment of overage and stop child support. Father understated income for support.
Can I file for modificaton based on his actual income for the year the support was increased because he did not provide all earnings. Support was based on income of approx. $72,000 a year since 2008, but his income on record has been from $119,000 to $127,000 currently. All wages were not reported when reported to the judge.

I would like any increase to offset any money due, if it is determined that I will be held to repay overage. I am trying to contact attorney that prepared the order sent to employer to establish the repayment and why it was not stopped. I cannot afford to pay 5 figures with a child that wants to attend college and a father that never wanted to provide any assistance and most definitely help with college. My child and older sister have been left out of his life since marriage and two other children 11 and 13 yrs old. They communicate with each other, not with there father. He tried to prevent them from talking, they found each other on Facebook. Sad what father does that.

Sorry this is an unbelievable situation. Daughter wanted a relationship with father which is priceless, they (he/wife) are only concerned about money.

ScottGem
Mar 21, 2012, 03:14 AM
Its not entirely clear what happened. You paid out of pocket for dental expenses, but overpaid? Then the insurance carrier reimbursed the father instead of you? This doesn't make a lot of sense.

Support payments are a separate issue. If you can prove the father falsely reported income and is, therefore, paying a reduced amount of support, you can certainly request that the support be modified and the father ordered to pay the difference.

It is sad that a father emotionally abandons his child. But there is nothing you can do to force that relationship.

cdad
Mar 21, 2012, 04:00 AM
What does your support order say about medical? The norm is for both parents to split the bill. There is also time limits for you to submit the bill to the other party. (it can not be saved up like a savings account). He may be liable for unpaid charges and also may only be entitled to 1/2 of the amount and not the full amount in total.

If his gross income has risen that far then you can seek a modification to support.

Fr_Chuck
Mar 21, 2012, 05:17 AM
Yes is he claiming he overpaid child support plus other money ?

But yes if he did not provide proof of proper income, yes you can file to have the support increased to actual income.

Justi
Mar 21, 2012, 08:07 PM
How do I reply to responses to my questions

ScottGem
Mar 22, 2012, 03:10 AM
how do I reply to responses to my questions

You just did. Use the Answer options.