Child Support

[asftlb]

Hi, I have been paying child support for the past 7 years to my daughters grandmother. At the time that she took me to court for the child support she told me not to mention the fact that she is receiving Social Security for my daughter since her father is deceased. She said to me they won't count it. I believed her. Now 7 years later and struggling, she takes me back to court for an increase. The hearing officer tells her that she is not entitled to it since it was finally brought up about the Social Security and that I have been over paying all these years and that I am entitled to a reduction and that I should take her back to court. The grandmother did not fight the fact that she was not entitled to the increase but was bringing up a bill for braces, not putting into consideration that I have been over paying thousands of dollars all these years and the hearing officer told her that she can take me back to court for it but it has to be medically necessary. I have no problem with paying the portion after what insurance pays, but tell me can I get a credit for the over payment. I am not trying to take away from my daughter but I want what is fair. I am now remarried and have a child with my new husband. The hearing officer said that even without another child I was paying way too much. I am going to ask for the reduction though. Thank you.

 

[Duranie]

What state are you in? You will have to google your state guidelines. Since you NEVER proactiviely filed for the decrease you probably are not entitled to it. Why don't you have custody of your daughter? all you can do is ask for the reduction from here on out.

 

[asftlb]

Well according to the hearing officer she said that I should file for it and I would get it. I don't want to give excuses about the custody of my daughter, the only thing I can say is this was a BIG mistake, my daughters father whom I was with at the time had been killed. My daughters grandmother who I thought was trying to help me out to get on my feet and settled into my own place wanted to have my daughter stay at her house and start kindergarten, but the school system said that the person that my daughter would be living with would need to have custody, so when I informed the grandmother she said well we will do it as a temporary thing and once I signed those papers she pretty much told me that it was a trick to have custody, and well NJ isn't all that grand when it comes to a non-custodial parent. That is it in a nut shell, she kept it quiet and the SS and now I have been paying like 50 dollars more per week than I should have been and I feel so sick about it. I have never wanted to stop paying for my daughter, thought never crossed my mind but the guidelines for child support are very clear and is supposed to be fair.