I’m not sure there is a way to get the money back, but if you have an attorney then I would suggest that the Child Support Enforcement Agency is contacted and talk the situation over with someone there so that possibly the back child support will be stopped. File for modification or changes as soon as you know it needs to be. The government doesn’t do anything in a timely manner and if you don’t instigate the cessation of child support you could end up paying until the child is in their 30’s, no one in government is going to look at the dates and actual court order to say, “Hey, wait a second. This court order is dated 1973, shouldn’t the child support have stopped by now?” They will not let you stop paying until the court tells them you can stop paying. The court is the one that told them you were to start paying so that is the process.
The reasons you’re husband is still paying child support is simple. Child Support Agencies are incompetent. As long as your husband is paying “arrears”, the state gets to count and report those payments to the federal government, who in return sends them ( and all 49 other states)a check from $200,000,000 to $470,000,000 based on the amount of child support collected each year. (this comes out of Social Security, by the way.) Plus, the state gets a little cut of each support payment made, too. They have no incentive to do the right thing unless they are legitimately threatened. The sad part is once your husband’s payments are made, they are gone forever. The only chance he will have of getting them back is getting a support order against the ex, and have it included as back support.
Greetings. It is court ordered child support, so it is reasonable that your husband had to modify the order. Tell him to immediately file a motion to modify child support and for retroactive support of the children. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
My husband and I moved to El Paso, TX in May 2005. His ex dropped their two oldest off on the doorstep and said “take them I don’t want them anymore.” My husband continued paying child support for 6 months till we hired an attorney. He stopped paying child support. We have had the children for 1 year and 3 months now and he is still paying “arrears” for the time he stopped paying. We had a restraining order that proves we have had the children. Why can’t we get that money back, she’s collecting the childrens money when we have had them. The attorney says he was to continue paying till it was court ordered he stopped. But why should she get the childrens money? I don’t understand that is what CHILD SUPPORT is! Right? For the children then why does she get it? Please help! We are struggling financialy because she is taking money that does not belong to her!