Attorney Scaringi Wins Retroactive Termination of Child Support!
My client had been paying child support to the Mother of the child for years. Several years ago, the Mother obtained a Court Order awarding her primary physical custody and my client, the Father, was awarded partial physical custody. About a year and half ago the Mother gave the child to her parents to care for because the Mother was undergoing significant mental health issues. The Mother never told the Father. The Father continued to pay child support to Mother. The Maternal Grandparents have been caring for the child since then. This past summer the Maternal Grandparents filed for custody and obtained a Custody Order confirming that they have primary physical custody of the child. This is when my client learned that the Mother was no longer caring for his child.
The Mother had a duty to inform the Domestic Relations Office of this material change in circumstances. There is even a notice on Child Support Orders informing the parties of such. The Notice warns that the party could be found in contempt of court for failing to report the material change in circumstances. Do you think the Mother in this case reported to Domestic Relations that she was no longer caring for and no longer had custody of the child? What did Whitney Houston say?
Tired of paying child support to the Mother who was not caring for the child, my client instructed me to file a petition in Court. I filed a Petition to Terminate Child Support Order on the grounds that the Mother, who was the Obligee under the current child support Order, no longer had primary custody of the child. The Court granted my Petition and terminated child support and made it retroactive to last summer. Thus, my client will receive a credit for an overpayment of child support. What are the chances the Mother voluntarily and graciously returns the overpayment amount to my client? Somewhere between zero and none.
What is the lesson learned? You must zealously protect and advocate for your own rights. No one else will do it for you. Do not rely upon the Courts to anything for you. And, certainly do not rely upon opposing parties or opposing counsel to do the right thing.