Over paid child support

[cdcoffell]

Quick overview: Non custodial dad fell in arrears back in 2001. He finally paid it all off this past June so he could get his license and a car. His employer continued taking out the additional amount for arrears ($77 a week) for about 2 months after he paid it off, due to the fact they had to get a new IDO from the courts.

Dad ended up paying his ex almost $500 extra because the monies were taken out until the new IDO.

1st ? : Can he file a general motion to get the money back (he pays on time in full each and every week in addition to having the children on his insurance, which is court ordered, when the ex doesn't even use his insurance for him)

2nd ?: Can he do something to either force her to use the insurance he pays close to $100 a week for or can he have his wife, the step mother put them on her insurance since it is only $30 a week?

[socrateaser]

>1st ? : Can he file a general motion to get the money back (he
>pays on time in full each and every week in addition to having
>the children on his insurance, which is court ordered, when
>the ex doesn't even use his insurance for him)

This would be a question of MO law, and I can't answer it without research, which I don't have time to do. If the arrears was adjudged at some specific amount (like $5,000, for example), and an order was set in place to garnish but no order was placed to stop, then ordinarily, I believe that you should be able to get your money back from the custodial parent.

I'd need to read the order in its entirety.

>
>2nd ?: Can he do something to either force her to use the
>insurance he pays close to $100 a week for or can he have his
>wife, the step mother put them on her insurance since it is
>only $30 a week?

You could ask the court, but you need to show how circumstances have changed since you were ordered to pay $100 per week, i.e., is this insurance that your spouse has newly obtained? If so, that might be a reasonable alternative.

Once again, a matter of MO law that I am unsure of and have no time to research.