Family Law Questions? Ask a Family Lawyer Online.
I see that you were working with another expert yesterday. As that expert does not appear to be online at this time, and your question has been sitting around for some time, I would be happy to help you out. I went through the earlier question and I'm familiar with your situation. Additionally, I've been practicing family law for over a decade and I handled a situation very similar to yours recently. With all this in mind, I can certainly provide the answers you seek.
Please let me know how you would like to proceed.
Let's say that I simply made a mistake. Would I still have the right to recover the overpayments? Plus interest?
In this context, if my wife wouldn't pay up, would this be a separate civil suit, done independently of the family court or, because it was a support payment, would it still be handled by the family court?
Now, in case it makes a difference, would your answer to the above be different because it is clear that my wife was aware of the overpayment, if not from the very beginning, certainly when she altered the stipulation.
Please let me know if you need any clarification.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
It sounds like you represented the "overpayee" in that similar situation. Could you share with me the nature of the settlement and were the settlement funds actually paid to the "overpayor" or applied to future support payments?
I am having trouble understanding why the family court would have jurisdiction in the "simple mistake" situation, Forgive me for this, but I am a "logician" by training (computer scientist in the early days) and this doesn't seem logical.
I have been told that a person receiving an overpayment cannot legally keep it unless the overpayment was due to some third party involvement where the third party caused the payor to pay an amount that was incorrect (for example, an agency attaching someone's wages to collect an amount due to a person, but somehow collecting an amount that was higher than what was owed). Is this true?
Also, I have been told that because my wife was unquestionably aware of the overpayment at some point, as evidenced by her altering of the stipulation, that she is guilty of fraud This is because as she kept quiet about the past overpayments and kept the future overpayments and is thus subject to criminal prosecution. Is this indeed the case? If so, is this criminal action independent of any civil action? Was she not also guilty of fraud in submitting the altered stipulation to a lender?
I think you have the idea. In general, if you take some one to court and get a court order from that litigation, if you have a contempt/enforcement/modification issue, you will return to the same court to address that issue. That's the case here; you have a court order, there is a problem with the correct enforcement of that order and you need to return to the original court to address that issue.
I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.
Thank you for your patience.
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