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Q: Due to false allegations made by my soon-to-be ex wife an Order of Protection was placed on me and we had to go to Court to sign Out Of Court Settlement papers for Divorce….She made a false report to the Police….Her allegations were proven to be false….my son was interviewed by his child advocate and my son debunked all the lies that were alleged against me! I was ordered by the Court to pay child support immediately in the amount determined …In good faith I have been doing just that….(I have all cancelled checks as proof) However, due to an error in where I was supposed to make those payments (specific APP/Website) which I was not notified about at the time….so she basically accepted money from me as well as the garnishments on my paycheck..,Is that legal?? Recently in Court the Judge advised that there was an overpayment by me to my ex wife But instead of depositing it into my account for the amount I overpaid….they deposited said amount into her account….I have asked her to return it to me but she refuses…!! WHAT CAN I DO???? I need to get the divorce finalized and I don’t know what my next step should be….I don’t want to be in contempt of Court…PLEASE ADVISE Thank you.
A: The Judge is without authority to order her to return overpayments. But what you can do is file a motion requesting that the overpayments be applied to future add-on expenses. Schedule a consult with a Westchester Child Support Attorney for more info.