Q: My ex wife received child support for a year when the children lived with me full time; can I request a credit/suspend?
My ex wife needed housing for her/our kids after her & her then boyfriend separated. She asked to move back into my house w/them (it was the marital residence before the divorce) , out of concern for the welfare/safety of my kids , I allowed it &stayed on a separate side/room of the house (more of a home office). So we were all in the same house, I was w/my kids every day (food, clothes, etc). She said she was having the child support order suspended -i had no reason not to believe her & was not familiar w/how it works. I had paid out a bulk amount to the state & only knew she was still receiving it when i received a letter that i was in arrears as all the funds were depleted bc they were paying it out to her. She didn't tell me she was still receiving I am not in arrears now (haven't been since i was informed of this) & would like to try for a credit towards future support, downward modification or temporary suspension equal to the amount she received (42 weeks). Possible?
A: Child support credit is not given retroactively - if you overpay, the payee is not forced to return it. Any modifications are retroactive to the date you file a petition.
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