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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111603
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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5yrs ago I started a new job and the correct amount of cs

Customer Question

5yrs ago I started a new job and the correct amount of cs was not being taken out of my check each week. I soon received a letter stating I was $150 behind. I found the problem and began paying $15 extra a week to catch back up. I have never changed the amount back. I have gotten letters saying how much I'm ahead and that my obligation will end before the child's 17th bday. Today I got a letter saying to attend a csrp negotiation with my ex. She says she doesn't want higher payments only to make me continue paying until the child is 18. What are my options? I think this is unfair to me. Should I make her take me to court? Should I get a lawyer for the negotiations? Or just let the $3000 go and stick it out for another year or so?
Submitted: 10 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if she refuses to accept the additional payments as an advance on child support, anything a parent pays extra over their child support award is considered a gift to the child. While it is unfair to you, it was your mistake that you overpaid. Quite honestly, it is going to cost you at least $3000 to go back to court to fight this and the court is likely going to say your failure to adjust the payments once you caught up meant you were giving a gift to the child. So chalking it up as a gift and paying the extra year really will end up more economical in the long run for you.
Customer: replied 10 months ago.
It wasn't a mistake to keep paying extra after the oag sent the letters saying my obligation would end early. How can they say its credited to my future obligation and then say otherwise?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply and clarification.
If they told you it was to end your obligation early, your ex cannot have it both ways. She cannot have the extra money and keep getting support, so she would have to return the extra $3000 or keep it and it ends early. You have grounds to fight her and if you have those letters as a support of your claim, then child support is going to deny her request. I would negotiate yourself since you have the letters and argue that she has the money already and if she does not want the money paid early to give it back to you and you will pay on time. If not, then you need to go get an attorney and take her to court.
Customer: replied 10 months ago.
Is it possible to negotiate something like I'll continue payments only if she carries the child on her health insurance. She already has mine and her two other children on her plan and always has. But I've been forced to always have her on mine as well. It costs me $100 per week and it's awful healthcare. Hers would be at no extra cost because she carries her already
Customer: replied 10 months ago.
For the review they asked me to bring recent check stubs, tax returns, etc. should I give them these things?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
Sure you can negotiate with her, you have $3000 over her head, since you have proof from child support enforcement it was being credited to advance payments on future support payments. If they want to sit down an mediate at child support mediation, then you can do that. You need to bring your proof of income, since that is what support is based upon.