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calans

Past Overpaid Child Support Able to be Applied to College Tuition?

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My order was to pay child support for two children until they reach 18 - then if they attend college, until the age of 23 while they are in school. I have two children, the oldest chose not to attend college, the youngest did. My child support payment stayed the same for years while the oldest did not attend and the youngest did. Now I am responsible for half of the owed college tuition for the younger child. Can the past years of the over payment amount (for the older son) be applied to the currently owed tuition of the younger son?

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Hi @calans

 

Welcome to the community and thanks for posting! Applying a child support over payment to your obligation associated with your younger child is a possibility, you may want to speak with your ex about this. You may be able to reach an agreement about the application of funds. However, why did you continue to pay child support for your older son after your he decided not to go to college? If your ex is not agreeable to your proposal, you may have to file a motion with the court. If this is the case, consider consulting with a family law attorney.

 

Best of luck!

The FindLaw.com Team

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It's not clear from your message that you did, in fact, overpay.  Depending on the wording of the support order, the applicable law, and the circumstances of the case, it's not unusual for the support payment to remain unchanged when one child ages out and the other does not.  I suggest you consult with a local family law attorney to review the exact wording of the order to find out whether you overpaid and if so, whether you can arrange to have all or part of the overpayment applied to the younger child's college expenses.  Good luck!

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Unless Mom agrees, it is extremely unlikely. For one, you may always do more than the minimum required by the order, just not less. Any decent parent does go above and beyond the minimum, be it through cash, trips, gifts, clothing, etc. You can not claim a credit for anything above the minimum spent. Further, if your agreement spells out that you owe half of college tuition, that is a separate provision from support. It seems rather unfair to your son to saddle him with an expense you agreed to because you chose to be generous in the past.

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