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My son was notified that he is to pay his ex-wife an

My son was notified...

My son was notified that he is to pay his ex-wife an additional $470 per month in child support. He has been paying through the NY courts and was just told that they made a $3000 mistake sending her too much amd tjhat he can't ever get that money back and until they correct it (could be a couple of months) he just has to suck it up. Is that true?

Lawyer's Assistant: What steps has your son taken? Have they filed any papers in NY family court?

Yes he has been paying monthly for over 3 years. She just went back for more, thus the overpayment.

Lawyer's Assistant: Have they talked to a lawyer about this yet?

He went to court with a lawyer.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just how is that fair that he cannot recoup the funds and she just reaps the benefits. She was the one who divorced him.

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Answered in 12 hours by:
4/3/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,828
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your son's situation.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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I understand your frustrations. He would eventually get his overpayment back. Unfortunately, the child enforcement system does not work that fast. So processing his overpayment would take awhile. He just needs to keep calling them and asking for supervisor regarding the status of his refund.

I am sorry that I do not have better news for you. However, as an Attorney and an Officer of the Court, I have ethical and professional obligation to provide you with accurate and honest information eventhough that information may not be in your favor.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,828
Experience: B.A.; M.B.A.; J.D.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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