Augusta, GA asked in Family Law and Child Support for Georgia

Q: Can I sue my ex for overpayment in CS?

Can you recoup or sue the custodial parent for overpayment in child support if the court never issued a stop order in child support for 2 years past the 18th bday of the child?

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3 Lawyer Answers
P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Fayetteville, GA
  • Licensed in Georgia

A: Nope. That's all on you. Anything you paid over and above what you were supposed to pay would be considered a gift at this point.

Homer P Jordan IV agrees with this answer

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague, you would have needed to notice at the time. I'm sure it's frustrating for you to hear this, but there's not much you will be able to do at this point. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Kim Ebert
Kim Ebert
Answered
  • Lithia Springs, GA
  • Licensed in Georgia

A: Did you continue to pay child support voluntarily waiting for someone to tell you to stop or were you subject to garnishment for arrears? You should consult with an attorney.

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