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StepMomHelpingFamily16

Child Support Cancelled and Backdated, Other Party Accepted Child support after they signed the order and won't turn it over

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There is an on-going custody case (which is not the issue I'm asking about here) and there has been a plenary Order of Protection in place for just over 3 months.  We finally had our court date to suspend childsupport to the custodial parent as my husband and I have had his two children full time since May.  On Monday, September 13th, a judge signed an order suspending child support and backdated it to July 26th when my husband filed.  He stated that he will have to take his ex-wife to small claims court to recoup the thousands she has received and shouldn't have as she didn't have the children.  Two days after she signed this order, she accepted a child support payment knowing it was suspended two days earlier, backdated to July.  Is this contempt?  When asked about it, she said, "I already lost child support for my oldest two children when I lost custody of them and I don't work, so sue me for it, I'm not giving you sh*t."

 

We have paid her child support faithfully and have also had the children full time since May, and about 85% of the time for the 6 months leading up to that, so while paying child support on time and in full, we have also had 100% of their expenses, including higher household bills, school, after school enrichment activities, etc... We can't afford an attorney just yet, but are working on it before we get to the meat of the custody case.  

 

The circuit clerk told us that it sounds like she is violating an order by accepting that money and not giving it back as she signed the court order suspending child support two days before receiving another payment that was already in process and couldn't be stopped as of monday when the order was signed by her, my husband, and the judge.  Is this contempt?  Should his work cancel the check?  It would be fine if she had the children and used it for them, but she's been snapchatting people with all the things she's been buying with my husbands child support all summer since she was evicted months ago and has been sleeping on her brothers couch.  I feel bad for the kids, but they're here, going GREAT in school.  Haven't missed a day, been tardy, and are getting straight A's which they have found makes them feel very good.

 

I just need to know the best way to get this last payment that was just received back.  We do plan on taking her to small claims court, however' she was taken there by a landlord 2 rental houses ago and was ordered to pay $6,500 in back rent and hasn't paid a dime.  So we really want to find a way to get at least this last $600 payment back from her since she just received it.

 

Please help!!!!!  

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The circuit clerk told us that it sounds like she is violating an order by accepting that money and not giving it back as she signed the court order suspending child support two days before receiving another payment that was already in process and couldn't be stopped as of monday when the order was signed by her, my husband, and the judge.  Is this contempt?

 

Court clerks have neither the training, the competence nor the authority to interpret the law or give legal advice.  Unless the court order explicitly stated that the ex was prohibited from accepting a child support payment that was already processed, she is not in contempt.  Add the final payment to the claim your husband is taking to small claims court.

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Hi @StepMomHelpingFamily16

 

If the judge modified child support retroactively, it would have been helpful for that same order to address any overpayment of support. Rather than going through small claims court, your husband may wish to file a motion in family court to recoup the overpayment. You can also consider consulting with an experienced family law attorney about the case. For a free consultation, click here.

 

Best of luck,

The FindLaw.com Team

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