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#137131 - 08/23/06 12:26 AM Overpayment of Child Support & Healthcare Premiums
monian Offline
recently joined

Registered: 08/22/06
Posts: 14
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.

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#137132 - 08/23/06 12:43 AM Re: Overpayment of Child Support & Healthcare Premiums [Re: monian]
Dee78 Offline
Carpal \'Tunnel

Registered: 06/02/05
Posts: 11820
Loc: TN
I don't know the legalities but the general rule is that ignorance of the law is no excuse. You had a court order that seems to have been worded very specifically yet you voluntarily continued to pay the full support the entire time while paying for college as well.

Has something happened that has made you suddenly want to go after the overpayment?

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#137133 - 08/23/06 12:53 AM Re: Overpayment of Child Support & Healthcare Premiums [Re: Dee78]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
Just like the court order expressly states that HE should reimburse half the premiums for health insurance, the onus is on him to reimburse her per the court order.

I think you have a chance at the health insurance as your order is very clear-you are to be reimbursed. The extra CS I don't know...have you sought legal counsel?


Edited by Miranda (08/23/06 01:19 AM)
_________________________
13.1...because I am only half crazy!

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#137134 - 08/23/06 12:54 AM Re: Overpayment of Child Support & Healthcare Premiums [Re: Dee78]
monian Offline
recently joined

Registered: 08/22/06
Posts: 14
I wouldn't necessarily consider it ignorance...stupidity maybe! My first and foremost concern has always been for my kids and I have not wanted to make waves. My ex is a very selfish person and the only reason my ex wanted custody was the money factor and managed to lay a heavy-duty guilt trip on my kids when we were divorcing. My daughter basically moved out because she realized the reality of the situation and now my son wants to move out as well, although I don't know if that will be possible or worth the time and money. Going forward, I plan on reducing my obligation and putting the difference away solely for my son. The reason I posted is because I wanted to see if I can recover any of my losses. The money can be used to help my daughter who is now legally emancipated.

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#137135 - 08/23/06 12:56 AM Re: Overpayment of Child Support & Healthcare Premiums [Re: Miranda]
monian Offline
recently joined

Registered: 08/22/06
Posts: 14
My divorce lawyer who was supposed to be "the best" did me no favors during my divorce, so I am looking for a lawyer who specializes in custody cases in NY. I don't want to just pick one out of the yellow pages!

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#137136 - 08/23/06 12:59 AM Re: Overpayment of Child Support & Healthcare Premiums [Re: monian]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
Oh there is a guy on this site that advertises...he used to post here often. He is in the Long Island area...let's see if I can find him for you-he has a web site.


Edited by Miranda (08/23/06 01:00 AM)
_________________________
13.1...because I am only half crazy!

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#137137 - 08/23/06 01:01 AM Re: Overpayment of Child Support & Healthcare Premiums [Re: monian]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
Member # 4236
Name Robert E. Nowak, Esq.
Title recently joined
Total Posts 9
Rating
Homepage http:///www.divorcesource.com/NY/nowak.html
Occupation Attorney
Hobbies Reading, Internet, Spending time with family
Location Glen Head, NY
Bio Single
Adjunct Lecturer of Family Law at Queens College
ICQ Number
_________________________
13.1...because I am only half crazy!

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#137138 - 08/23/06 01:06 AM Re: Overpayment of Child Support & Healthcare Premiums [Re: Miranda]
monian Offline
recently joined

Registered: 08/22/06
Posts: 14
Thank you very much for the info...I've seen his name. It's a little far for me, but may be worth a consultation. Believe me, I'm not looking to cause trouble, but my ex also failed to bring to my attention that I was paying too much, and was also aware that I paid the HC premiums. Believe me, if the shoe were on the other foot, I would be dragged into court without a moment's hesitation!

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#137139 - 08/23/06 01:07 AM Re: Overpayment of Child Support & Healthcare Premiums [Re: monian]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
Sure, I'd let him know that you plan on seeking repayment for the premuims and see what he says. He clearly owes it so I don't see how he could get out of it...



Edited by Miranda (08/23/06 01:20 AM)
_________________________
13.1...because I am only half crazy!

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#137140 - 08/23/06 01:12 AM Re: Overpayment of Child Support & Healthcare Premiums [Re: Miranda]
monian Offline
recently joined

Registered: 08/22/06
Posts: 14
BTW....I'm the mother. Was getting tired of not writing "he/she". Thanks again for your feedback.

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