Q: How to get money back from overpayment in Child Support/Maintenance
My wages were being garnished for back child support/maintenance and the checks were going directly to my ex and not through an agency.
I thought when I didn't owe any more money the garnishments would automatically stop. After a year of overpaying ($10,000) what can I do to get this money back and to stop the over garnishments?
The divorce was in 2010 and at the time of the above Order (2018) both my kids were over the age of 19. I also cut contact with my kids during the separation (2008) and have not seen or spoken to them since, if that is relevant.
My ex lives in CO, where the divorce took place, and I have since moved out of state.
A: You might be able to bring a civil claims court action for unjust enrichment, however your ex might claim that it was your responsibility to stop payments at the appropriate time and that the extra payments were a gift. Jurisdiction would be here where your ex is unless your ex has substantial ties with the state that you are in.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.