My child support and day care expenses are all included in my child support order. My ex is now taking me back to court because the kids were not enrolled in daycare for 6 months and is requesting a refund. I reside in New Jersey. He still has 10 years of child support to pay. Will they apply a credit to his child support account or will they make me pay him back the refund.

Hello s:

They'll probably make you pay him back. Why should he wait for his money? If you don't want to pay back stuff, don't take stuff under false pretenses.

excon

He knewthe children were not in daycare but waited to file the motion until after his bankruptcy was discharged I still have his money and did not spend it, but the children will be going to summer camp which they were enrolled as per his request because he will be working all summer. My husband is laid off so there is no need for day care. He filed the motion to have the daycare totally wiped off and all money returned to him. This is my concern.

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Originally Posted by sherring3

He filed the motion to have the daycare totally wiped off and all money returned to him. This is my concern.

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Hello again, s:

Divorce is pretty ugly. That's why I HATE to answer question on the family law board... I'd much rather deal with an adult who's facing jail time, than an innocent child who LOVES both of his parents...

So, he filed for MORE than he's entitled. He probably won't get it. You might have pulled the rug out from under his motion by NOT keeping the money. You could have sent it back, certified, along with a letter saying that you know you aren't entitled to it, and sent a copy of the letter to the court.

As a matter of fact, you could do that NOW since you have the money. What are you waiting for?

excon

Why would you keep the money if you also knew that the children were not in day care anymore and part of the money was to pay for that? You too could have filed a motion when you took the children out of day care to have the order modified then you wouldn't have to worry about this situation coming up at all. Because what was ordered is obviously different than what has been happening (for six months) it is possible that you will be ordered to return the six months of child care. Not the support part but the part that was added in to pay for day care.

Where my child support refund

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Originally Posted by excon

... You could have sent it back, certified, along with a letter saying that you know you aren't entitled to it, and sent a copy of the letter to the court.

As a matter of fact, you could do that NOW since you have the money. What are you waiting for?

excon

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Nonsense. He owes her for CS and she has money that he paid for unused day care? The money she has should be credited toward the CS.

How do I find out if will get anything from him.