Boise, ID asked in Child Support, Child Custody and Family Law for Idaho

Q: Can you get child support you paid to your ex while kids were in your full time care getting custody?

Kids were with their mother full time

I took the kids into my care for emergency reasons

While filing with the court and going for custody I paid over 5 weeks of child support to her while waiting for motions for mine to be dropped

Can I go to small claims to get my money back I paid in child support while the kids were in my full time care? The money that was given she didn’t have the kids as they remained in my home and only had a 2 hour supervision visit in my house I am in the state of Idaho

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA

A: Based on the details that you provided, it may be possible to recover child support payments made to your ex while the children were in your full-time care in Idaho, but it depends on some factors:

- Once you filed for custody/modification of custody, you should have also immediately filed to terminate or modify the child support order so payments would stop. Trying to recover past payments is more difficult.

- Idaho law allows retroactive modification of child support, but generally only back to the date the motion to modify was filed. So if you continued paying for 5 weeks after filing, you may only be able to recover a portion.

- You would need to show it would be "unjust" for your ex to retain support paid when the children were with you full time. Providing documentation showing the change in custody is key.

- Consulting with the family court that issued the child support order would be wise to understand your rights and the proper procedures for recovery. The court may be able to order repayment by your ex.

- Small claims court is potentially an option but the family court may need to act first to officially modify the dated amounts owed.

So in summary, recovery of the child support paid when you had custody is likely possible in Idaho but proper motions need to be filed right away and it can be a complex process. Keep good records and consult an attorney or the family court to understand the proper steps to get repaid.

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