Monday, August 11, 2014

Can custodial parents paying support to non custodial parents get their money returned to them?

Q: As the non custodial parent my son moved in with me in June 2013. I paid support to his mother the custodial parent at that time. 
Custody was modified in March of 2014, and I became the custodial parent.
I continue to pay support to the non custodial parent.
I have had 3 court dates to end the support payments I made to courts for the non custodial parent.
Each time the court says it cannot find the non custodial parent and is going to continue to collect the child support.
If the court ever finds her, will I be allowed to have the money paid to the court for the support of my son who lives me and with whom I have custody, who did not benefit from the money the state collected?

Additional information

Sorry my question was not clear.
What I need to know is will the court return the money I paid to the courts for support while I was the custodial parent?

A: David's Answer: I'm not sure I understand why the court is trying to "find her." Usually the court does nothing at all to locate a party - that's usually the responsibility of the party who filed the petition. Thus, you may need to hire a P.I. to locate her. Ultimately the Magistrate can temporarily suspend the order of support pending valid service of the summons. Schedule a consult with a Family Law attorney in your area for more info. - David Bliven, Westchester Family Law attorney (

No comments:

Post a Comment