Money issues

[almostastepmom]

Currently all parties live in WA state and in the county of Pierce.

The situation is this;  SO is going back to court with ex, because she wants more money for child support.  She refuses to get a full time job, because she knows that the will decrease her ability to get more money out of him.

Recently while looking over their legal documents, we realized he has been over paying her $200.00 a month for the past 3 years. She claims that it is for day care, but the daycare expensises were already figured into the cs. Our lawyer saw this from the start.

My questions are; how do we go about getting that money back or can we?  And can that    be taken into consideration if we do end up in front of a judge for cs increase?

Thanks

[socrateaser]

>My questions are; how do we go about getting that money back
>or can we?  And can that    be taken into consideration if we
>do end up in front of a judge for cs increase?

The court is prohibited from awarding retroactive credit for support payments that have become due and payable prior to the most recent filing date of the motion to modify support. So, you cannot get your money back from the other parent.

Depending upon the statute of limitations in WA for attorney malpractice, you may be able to sue your attorney for the money, assuming that you can demonstrate that the attorney made a mistake that any ordinary attorney would not have made.

[wendl]

My dh has a case in same county.

In WA satte if she is currently Under/Unemployed you can imput her income, dh did that to bm a few years ago as she hmmm was a student. Judge told her to get a job and reduced dh's cs order

If you are looking for an atty private message me, I know a good on in your county.

:)

**These are my opinions, they are not legal advice**