Greetings. My answer is possibly. It depends on how he paid it, why he paid, etc. It also depends on whether or not they have a separation agreement and if so, what the terms for child support are in the agreement. Generally, I bet he could, but he would want a court to allow him to do this, instead of just not paying the equitable distribution and telling her she got too much child support. Fix it before he does not pay. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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