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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27888
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Child support is taken out of my ex-husbands pay check every

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Child support is taken out of my ex-husbands pay check every week and sent to me. In our original divorce settlement, he was ordered to pay child support until our two children reach the age of 18. Our children are now 20 and 18 years old and I am still receiving child support from my ex. My question is: will I have to refund the child support that I received after our children reached the age of 18, back to my ex husband if he requests the money?
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,

I'm sorry to hear of the situation.

Unfortunately, your ex can petition the court to terminate support and for a retroactive order of termination as well as an order that you repay the overpayments of child support that have been made.

The CA Family Law Code Section covering this is §3653(d), which holds in pertinent part:
(d) If an order decreasing or terminating a support order is entered retroactively pursuant to this section, the support obligor may be entitled to, and the support obligee may be ordered to repay, according to the terms specified in the order, any amounts previously paid by the support obligor pursuant to the prior order that are in excess of the amounts due pursuant to the retroactive order. The court may order that the repayment by the support obligee shall be made over any period of time and in any manner, including, but not limited to, by an offset against future support payments or wage assignment, as the court deems just and reasonable. In determining whether to order a repayment, and in establishing the terms of repayment, the court shall consider all of the following factors:
(1) The amount to be repaid.
(2) The duration of the support order prior to modification or termination.
(3) The financial impact on the support obligee of any particular method of repayment such as an offset against future support payments or wage assignment.
(4) Any other facts or circumstances that the court deems relevant.


Whether the court in facts orders repayment will be based on an evaluation of the facts and circumstances at the time of the termination petition. So while you may be required to repay some or all of it, that is not automatic.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

Customer: replied 2 years ago.
Thank you for your response. I have another question, if you would be so kind to answer. Would you advise that I no longer cash the checks I am receiving? I don't know how to put a stop to them, if its even in my power to do so. I don't even know how to contact my ex husband.
Expert:  LawTalk replied 2 years ago.
Good afternoon,

It would be best if you simply held them and did not cash them. Send a note to the sender of the checks indicating that the children are no of age and you no longer want the support sent to you. Do not destroy them, you want to be able to hand them over to the court as proof that they were never cashed.

Send it certified so you can show the court, if it ever becomes an issue, that you did make reasonable efforts to terminate the support.

In theory, you could even petition the court yourself to stop the support, but that would cost you money to do.

I wish you and your children well.

I hope that you found my answer informative, that you are accepting of my efforts and that you will rate my efforts based on the knowledge I have provided to you.

I wish you the best in 2012.

Thank you.

Doug
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27888
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 2 other Family Law Specialists are ready to help you

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