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    chamlyn's Avatar
    chamlyn Posts: 2, Reputation: 2
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    #1

    Jun 8, 2009, 09:57 AM
    Overpaid child custoy payments
    In the state of Florida, payments for child support were willingly paid until 21st birthday. Child is now seven months past that. I asked the state to stop payments, but it's taken them seven months and no confirmation it will stop yet. I asked ex-wife for some money back which she gave one time and very little; acted like I didn't deserve it. QUESTION IS... do I have a legal right to the overpayment (JAN until they finally stop)?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Jun 9, 2009, 02:58 PM

    Who is taking the child support from you? Is the money being garnished from your wages by the Child Support Enforcement people? If I were you I would definitely go sit in whoever's office that is garnishing your wages and talk to them about it. Do you have a copy of your Divorce Settlement paperwork which shows how long you were/are supposed to pay child support? Take that paperwork with you.

    In some states (like Ohio) the father must obtain a signed Order by the Judge terminating any child support payments after the child reaches a certain age whether it be 18 or 21.

    Don't expect "them" to do anything with a phone call from you. Go there in person and demand what they need (paperwork wise that is) to STOP the garnishment of your check.

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