Hello I’ve been paying child support since 2013 and when it started my son lived with me and my daughter lived with my ex-wife. When I went to court she wasn’t there so when I heard that I would be paying $804 a month I didn’t think about the fact that my son was living with me and she had him on her case so every time i’ve gone to court she’s been a no show so I’ve never been able to plead my case to the judge so What I would like to know is it still possible for me to get a lawyer and fight for this money that I wasn’t suppose to pay her for two children when one lived under my room I even told the case worker but she just said it doesn’t matter once he turned 18 and was taken off the case which I believe is a lie?
Child support terminates at the age of 18, or high school graduation, whichever comes later. So you wouldn’t be able to claim that you were owed support for your son once he turned 18/graduated from high school. Your motion to modify child support is only retroactive to the day that you filed the motion - so you would not be able to recoup any overpayment that happened before you flied your motion to modify.
I filed the motion before he was taken off and the judge didn’t talk to me because she never showed up so finally when he was about to be taken off I said it again to the case worker that he was living with me the whole time she said well don’t worry he’s coming off as of today, but being that the judge never let me plead my case she received thousands of dollars that wasn’t due to her.