Q: There is a set amount for child support and a set amount for day care. He is currently in 5k arrears. But For a year and a half he has been overpaying since our child is not in Full time daycare. He also is supposed to be pay half he medical and never does. I have tried to modify but was informed by child support not to and to let him ask for modification. If and when he does will I owe him the overpayments or will it come off the arrears? Or will the overpayments start only from the day he files?
A: David's Answer: If the order otherwise requires him to pay the medical expenses, and he does not, then his overpayments will likely offset the medical expenses he owes you. That said, you should send him the bills/receipts for same to ensure they're enforceable. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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