Husband cheated in court


#1

I am not an attny, but from what I’ve seen this might help.
When did your husband file to terminate child support?
The court cannot return any monies they do not hold, that may be why you have not recieved anything from the state. In order to get a refund for your overpayment, you may need to file a civil suit against the recipient. You state the child support was “granted” back until March 1st 2007… granted to whom? Child support modifications (includes terminations) are usually only retroactive back until the date the modification was filed. I hope this helps.


#2

trbotina,
Thank you for replying! This is the first time I have ever posted anything to this site, so I appreciate someone taking the time to help us that doesn’t even know us. When I stated that “child support was granted back until March” I don’t think that was the correct terminology. What I meant was that the termination order we had applied for was retroactive back to March, which was when my husband filed the modification for termination. Does this answer your question to me? Someone else did mention to me about a civil suit, but I didn’t know how long we had to do that and or if that was in fact what we needed to do. After your reply, I will definately pursue this course and see what happens. If there is anymore advice, suggestions, etc. from you or anyone else, please feel free to express. Thank you so much again for your assistance in this matter!!

tammy leggett


#3

If it were retroactive back until March, the state had already issued the payments to the other parent. Meaning that the state no longer had funds in thier posession to give back to you. So, your recourse would to file a civil suit for the return of the funds to you from the recipient. I am not sure, but you may even be able to file a motion to show cause against the other parent for not following the court order (not returning funds overpaid). I dunno if the child support office will help you in this or not. I hope it works out without alot of hassle.


#4

My husband’s daughter turned 18 Feb 2007 and had already finished high school. We didn’t make it to court until mid September and didn’t get child support stopped from drafting out of check until mid October 2007. Judge stated in papers that child support was granted back to March 1, 2007 and stated in papers that “any and all monies held by the court, if any, would go back to Mr. Leggett.” We haven’t received any money from Raleigh at all. Can we appeal judges decision and get back all of child support that was over paid since March 1st? Also, is there anything we can do to ex-wife to pursue getting over paid child support money back like in a civil court? He has totally gotten screwed by the judge and the system. He was not behind and paid his child support and medical bills for child faithfully. Please let me know if there is any legal recourse he can take to get back the $5265.00 he over paid due to no fault of his own?
Thank you.
Tammy

tammy leggett