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Nov 29
1999
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Ask a Lawyer: Overpayment and EmancipationPosted by: Dads Divorce on Nov 29, 1999 Tagged in: termination , NY , Maintenance , emancipation , Child Support , Child Support , Ask A Lawyer , adulthood
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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.
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