To refund the child support overpayment
My daughter Laura (03/04/1989) now is 19 years old. Despite 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