Q: I'm still paying child support on a child that has turned 21, is there any way to get the money paid back?
My son dropped out of college December of 2018, at that time he was 20 years old and a full time student. The divorce decree say I will pay while he is enrolled as a full time student (4 year degree) and child support for him will end if he is not. Family court is still taking money out of my check. I am not in the rears. I was wondering if there is any way to get the money back that was paid to the other parent? Will family court automatically refund me the money that was paid or do I have to do something else?
A: Talk to a local lawyer about what to file to get the money back. The sooner you file the easier it will be. The family support division has no idea about your child not attending full time so you have to get the order changed. The division only has an order that states you have to pay. It does not track when the requirements are no longer met or circumstances change. That burden is on the receiving parent and even then the receiving parent sometimes has to be persuaded to change it.
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