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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 763
Experience:  7+ years of experience in divorce, custody battles and mediation.
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I have been paying child support as ordered by the courts.

Customer Question

I have been paying child support as ordered by the courts. However the child support payments include roughly $400 a month for Child Care (daycare) costs that have gone unused for over a year. Is there any written law that states that the mother must return the unused funds to the state? That is, the child has not been in daycare for over a year, and the $400 has been misallocated otherwise.
Submitted: 4 months ago.
Category: Family Law
Expert:  originallawyer replied 4 months ago.

No, unfortunately, while that law would be nice, that law does not exist. You will need to go back to court and show the court that your child is not in daycare so that should not be a part of your child support payment. You would file a Motion to Modify to accomplish this.

Customer: replied 4 months ago.
I have filed a motion to modify child support and daycare is no longer part of my order. However, the system takes months to 'catch up' and I'm still paying as if there was daycare an d probably will be for months. I'm looking for a law or guideline that states that the mother should return the funds to the state. Fundamentally the mother is receiving $400 'extra' a month yet still asks for additional money for things like extracurricular activities and I'm looking to put a stop to it. I'm not opposed to paying for extracurricular activities, I'm just opposed to paying for them, when the mother already has $400/month above standard Child Support costs.
Expert:  originallawyer replied 4 months ago.

If you have an order that is signed and dated by a Judge that has modified your decree, and the state continues to take money above and beyond that order, then you would need to file a Motion to Return Overpayment. You also may be able to talk to the Friends of the Court office working with your file (if they are working on your case), as they may be able to help.

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