My daughter is 19 and graduated from high school June 12, 2015. That day I went to my attorney and began the process of terminating my child support. After a long wait for the judge to be able to hear the case, September 7, 2015, the order was terminated, finally. During the court procedure my attorney asked for the order of termination to be retroactive back to June when she graduated. I have always had my child support deducted directly from my pay check and never been late. My attorney has been telling me that I will get my over payment of child support back, but clerk of court is telling me I will not get any money back. I’m confused as to what is actually going to happen. After my daughter graduated I have paid five months of extra support because it took the judge so long to hear the case and then sign the order. This really seems unfair to father’s who have paid regularly and on time. That is a total of $2,500.00 not to mention I had to pay an extra year because her mother decided to have her held back a year in school. I know I can’t do anything about the year but what, if anything, can I do about the amount that was paid after graduation since the judge agreed to make the order for termination retroactive? Thanks
Has the termination order been signed by the judge and entered? If so, does it state how/when you are supposed to be repaid. I would file a motion in the cause to enforce the order. If the other parent is supposed to pay you back she can be held in contempt if she refuses to abide by the terms of the order.