Q: In 2017 my ex convinced me to pay an extra $2,400/yr to cover 50% of our special needs son's summer camp.
I agreed to pay an additional $200 per month ($2,400 /yr) based on the cost of $4,800 per year for [our son's] special needs summer camp. However the invoices from [the special needs summer camp] were 2019: $3,600.00, 2020: $0.00, and 2021: $3,120.00 resulting in an over-payment of $3,840.
I believe that I'm entitled to be reimbursed for these excess payments, or at the very least this amount should be considered credit towards future agreed upon expenses for [our son].
I am at the end of my full repayment chapter 13 bankruptcy and will now be able to put money into savings and pay for [our son's] camp in a timely fashion. With that in mind, and the fact that I have overpaid the past three years I would like to discontinue paying the additional $200 per month.
[the ex] however feels that the over-payments are hers to use however she feels fit, and that I must continue paying the extra $200.
What are my options? Could this be considered theft by swindle?
A: You could report it to police and-or your local criminal prosecutor's office and see what they say. I doubt they'd be interested in criminal prosecution. Give your family law attorney a call, or an attorney doing civil litigation work. Only the government can file a criminal Complaint. But anyone can file a civil Complaint.
You are not obligated to pay anything not ordered by the court. If the agreement was voluntary, you can stop the payments at any time. You may also suggest that she use the overpayment to cover camp going forward.
I do family law, not criminal, so I cannot address that question.
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