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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
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Nov 29, 1999

Question:

I

Nov 29, 1999

Question:

I

Nov 29, 1999

Question:

My son was employed for 13 months was not enrolled in college and was 18 years old. I had been paying child support during this time. I want to reclaim the overpayment. The judge told be that I had to formally emancipate him through the court. My divorce papers state that if he is employed and not in school he is emancipated. Are the terms in the divorce papers conditions, and if met are legally binding or did I really have to have him emancipated. He is now enrolled in school. I must appear on July 3 and I would like to know if I have grounds to reclaim the money even if he was not emancipated in the court system.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of New York. In the jurisdiction where I practice, any overpayment prior to the Court ordering the child emancipated, is not reimbursable. You certainly can request a refund of overpayment from the Judge. The worst that will come from that is that the Judge will say he can not refund the monies.

Nov 29, 1999

Question:

My son was employed for 13 months was not enrolled in college and was 18 years old. I had been paying child support during this time. I want to reclaim the overpayment. The judge told be that I had to formally emancipate him through the court. My divorce papers state that if he is employed and not in school he is emancipated. Are the terms in the divorce papers conditions, and if met are legally binding or did I really have to have him emancipated. He is now enrolled in school. I must appear on July 3 and I would like to know if I have grounds to reclaim the money even if he was not emancipated in the court system.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of New York. In the jurisdiction where I practice, any overpayment prior to the Court ordering the child emancipated, is not reimbursable. You certainly can request a refund of overpayment from the Judge. The worst that will come from that is that the Judge will say he can not refund the monies.

Nov 29, 1999

Question:

I was reading this article on your website: http://www.dadsdivorce.com/news/artdet.php/71011.html My ex-husband and I had put in our divorce agreement that we alternate years in claiming our son. Does this agreement still remain in effect. He lives with me and my ex-husband has visitation every other weekend. Thanks for your feedback.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of New Jersey. Yes your agreement still holds water. You just need to be sure that you are executing the necessary waivers and that neither of you try to claim the deduction on your ex's year. I think you will be ok. Her warning related to if there is conflict. However you are in teh safer position as you are the custodial parent and it is more difficult for him to claim teh deduction in that case.

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