Reimbursement due to court backlog?


#1

Recently, there has been a significant reduction in my children’s daycare expenses due to my youngest child entering kindergarten. Several months ago, I contacted my ex (who has primary physical custody) to request a modification. She has refused to share her financial information, so that I can’t get a truly accurate payment based on the state worksheets, and will only agree to an amount that’s around $125 a month more than what I estimate to be my legal obligation. She also refuses to meet with a mediator unless I cover the full expense of the mediation session (around $1000). I’ve filed a motion to modify, but due to a backlog in the courts, they can’t even set a court date until some time in 2010 (date to be determined). In the mean time, I’m having to pay around $400 a month more than I should and will have to do so until our hearing or she agrees to a lower payment (not likely). Is there anything I can do to request reimbursement for the months of overpayment?

Thanks in advance.


#2

Nope…there is nothing you can do as far as reimbursement. If you’re paying off a signed agreement, you’re bound to it until it is modified.

Are you going through the state via NCSE? If not, I suggest you do. That way the modification request will come from the state and your ex will have to provide the documentation (I just went through this). This may be a quicker route than the court system if you’re going to use the NC worksheet.


#3

Thanks for the info. Pardon my ignorance, but what is NCSE? I’ve filed the motion to modify, and was planning on requesting a subpoena for her financial records. If there’s a faster route, I’m all for it. As for simply filling out the state worksheets, she is refusing to even acknowledge a modification based on worksheet B. Where things get confusing is the fact that our judge awarded her primary physical custody, but allows me to have my daughters during the summer months. Due to a variation in the number of overnights each year (spring break with me on odd numbered years), one year worksheet A applies and the next worksheet B does. I pay ALL expenses when the girls are in my care (even during the summer), so it was suggested that we simply average the payment amount of the two worksheets. She insists that the judge awarded her “primary custody”, so she would even consider worksheet B, even though I’ve emailed her NC state documentation that clearly says that child support is based on over-nights… not perceived custody. Fun, huh?

Thanks


#4

North Carolina Child Support Enforcement is a state agency charged with dealing with child support cases. You may want to contact the office in your county to get an idea if they can speed up your case. I agree with the opinion that that worksheets be averaged based on the schedule.

You will not receive a reimbursement for the amount overpaid, and are obligated to continue to pay the amount ordered until modified.