Crowley, LA asked in Child Custody, Child Support and Family Law for Louisiana

Q: I been having custody of my kids from day one and 5 years ago went through state cause the mother wasn’t paying

So 2 kids turn over the age of 18 and she never tried to get it reduced through the state so now she said I owe her money cause she over paid me and is filing a Unjust enrichment sue against me is that possible and will that stand in court

1 Lawyer Answer
Douglas Lee Bryan
Douglas Lee Bryan
Answered
  • Marksville, LA
  • Licensed in Louisiana

A: Based on the facts you've given, I do not believe she would be successful in such a case. First, if any of the children are under 18 and the child support obligation doesn't break the obligation down to "$XXX per month per child" then the obligation doesn't decrease as the children turn 18 or graduate. Second, if the children still lived with you, you could argue that she had a moral obligation to help support the children. Third, if the state was collecting the obligation for you, they are usually pretty good in ensuring that the amount of the obligation they are collecting is correct, and generally refund any overpayment to the non-custodial parent.

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