Over paid child support be given back to my husband?

My husband was divorced in 2006 and had one child with his ex and two that he loved and adopted of hers. He never missed a child support payment ($908.00) every month for the past 4 and half years for 2 children. After the second child graduates HS the order states that child support will be reduce to $725 for the youngest child. The children were 17, 15, and 13 at the time. Her older child she just gave him to my husband and told him to take the child because he was not good for her. Meaning the child had dropped out of school so she will not receive any child support for him. My husband was in a 15 month tour in Iraq and at that time he always tried to contact the kids but she would not allow them to speak to their father. A few months after returning from his tour my husband received orders to PCS to another state and it made the communication and visitation worst because of distance. Now he retired moved 2 hrs closer to the children, now they are 21, 19 and 17. She does not allow contact with the children, kids already has their mind set at this age. We just found out that my husband has been paying child support for the 19 year old for the past year and a half and this child has not attended school for the past two years. The mother refuses for his father to talk to him and when my husband asks about the child she says ?why you want to talk to him?? He is fine, working and GOING TO SCHOOL? and to make the matters worst the child lives with his mother, and his pregnant girlfriend. She does not know that my husband made a two hour trip and went to the school she claims he is attending and guess what? The child never been registered at this school and the school district printed out a copy of the years the child attended school and the last year he attended was 2008 for the first two months of the school year. Now we were wondering, will my husband get the extra $183.00 that he was paying extra for the past year and a half. We are calculating not the time he time the child dropped out of school because he was still 17years old but starting from the 18th Birthday. We calculated and came out with this figure. $182. X 18months = $3276.00. We sure can use this money for credit cards payments on credit cards she maxed out on his name before leaving him and going with her boyfriend at the time, now her husband. This is another story anyways. We just want it to be fair. We feel that she always had to upper hand, like their divorce, the children, debt ext. My husband got the shortest end of the stick and she does not stop. We are honest loving people we just want it to be fair to the children as well as my husband.

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some people
by: Anonymous

dont listen to the bad advise this person just admit there mom is crazy and father is psycho so this is advise from a chaos kid who has severe mental trama and issues and clearly resents there parents. they need to grow up!!!!!!!!!!!

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Send her a thank you letter instead.
by:

Ah yes, a classic case of blaming the ex. Chances are, his kids don't want to see him for a reason. My father too played this game in his divorce from my mother. We didn't want to see him because he is a psycho but he blamed my crazy mother. I would suggest you grow up and pay the woman for raising your husband's children for you.

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SEND THE JUDGES WALKING PAPERS
by: Anonymous

It doesn,t matter what the order says. They do as they "DAMM WELL PLEASE" With thed blessing of tshe Judge. THE JUDGES ARE WHERE THE PROBLEM IS. Get a little petition drive and start recalling these "SON'S OF BITCHES" excuse my french! Its gonna take vigilence, To fire these "DOGS OF SATIN" They have perjured their oaths. Its time to step down from the bench.

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screwed
by: Anonymous

ok i have overpaid child support by 6000.00 dollars i am disabled and child recieves dependant pay of 300.00 a month and they garnish 200.00 from my check. that is 500.00 a month the custodial parent gets and my support order is 200.00 a month. this has been going on for three years and still is. two years ago i paid an attorney 500.00 to terminate my support. the attorney messed up and forgot to file my motion for two years until 3 mths ago. the prosecutor said i lost all overpaid money and i should of filed sooner. they are supposedly terminating my support taking them almost 4 months and its still being garnished. can i go after my attorney it seems to me it was his fault for thinking he filed it years ago but didnt can anyone help i have contacted the office of discplinary council to file a complaint on the attorney but not sure what will become of it i do have a reciept showing i paid the attourny years ago as my only proof to submit to them. please advise me people love you all mike email at holder33@sbcglobal.net

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FATHERS HAVE NO RIGHTS..
by: OKLAHOMA

I feel your pain...I'm going thru that my self now,I have been over paying for 41/2 yrs my dau is 22.That's an extra $225 x 54months is $12,150 I go to court on March 9,2011. I have talked to several lawyers(men/women)about this they all said the system is not set up to give money back to the fathers. Funny, I did'nt here nobody saying that when they were taken my money for 41/2yrs. So at this time I am very pissed off about this, they real quick to our money(garnishment)etc...but it when comes to giving back,it's like pulling teeth we can't do that, and all that BS. In Oklahoma the law is child support is done at 18, unless it is fixed in the divorce decree that you are to keep paying, it was not, I have all documents, each lawyer said I was overpaying but gettin that money back was almost impossible.The way I see it, FATHERS dont have any RIGHTS.

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The Father has rights too...
by: Anonymous

I understand that as parents we are responsible for supporting our children throughout their lives. However, just like the parent with the kids will move on with her life, the Father has the same rights to do so without being penalized.

I overpaid in my child support with over 1,000.00 my son was 18 and finish high school. She went back to court and filed papers so I would have to pay until his actual graduation. Child support continued to take money from my payroll check. After I proved that I over Paid they still took over 900.00 of my money, After I had explained to them that I was out of a Job with a 4 month old baby in my house.

But they say it?s about taking care of the children. I was robbed by the Child Support Agency.

So how do I suppose to provide food, shelter and clothing to my 5 month old son, when the system is taking form his Father.

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It is not over when the child turns 18 in NJ
by: Anonymous

Some states will differ in the treatment of child who turn 18 years old. In NJ you will be obligated to pay the child support as long as they are in full time school up to the age of 26 and or you notify the court that the child is of the age of emancipation and the child support payment for that child needs to be eliminated. If you do not notify the court, you will continue to pay for a child that is 18 years old or 26 years old. It is the obligation of the non-custodial parent to notify the court.

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It will be over when the last child turns 18
by: Anonymous

The law clearly that once a child graduates HS or turns 18 whichever comes first then child support will cease. So once the youngest child turns 18 he should be done with payments.

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