I posted this on the NY Board also, as my divorce was finalized there. I am new to this, so please bear with me.
My divorce settlement states my “child support obligation as to a particular child shall, during each month of college attendance, be reduced by ‘my’ share of the costs of room and board for said child at college”. My divorce was final in March 2002 and since then, my daughter has completed 4 years of college and my son has completed 1 year. For over 4 years, I have paid my full child support obligation, even though my children’s room and board has been paid separately from accounts that were set up by my ex and I when the children were infants.
In addition, since I am required to provide health insurance for my children as long as I am employed, the premiums for their health insurance have been deducted from my paychecks for the past 4+ years. My agreement states “In the even the cost of such premium is deducted directly from ‘my’ pay, ‘my ex’ shall reimburse ‘me’ one-half (1/2) share”. I have never asked for reimbursement of these premiums.
It has recently been brought to my attention that (1) I should have reduced my child support payments for the nine months out of the year that my children have been living on campus, and (2) my ex should have been reimbursing me for ½ of the children’s health insurance premiums.
On a side note, since 2003, my daughter chose to live outside of her legal residence with my ex and so he was not providing care and support of her during the rest of 2003, 2004 and 2005.
My question is this: Can I go to court to recover the overpayment of child support while my children were living on campus and to obtain ½ of the children’s health insurance premiums that were paid solely by me? Will I be wasting my time and money, or do I have legal recourse? Any guidance will be greatly appreciated. Thank you.