Overpaid child support for past 4+ years

[stepmom23]

I am the NCP and live in GA.  CP lives in FL with our 2 children.  Original divorce and CS order done in GA, then custody moved to FL in 2001 and new CS order written.  Original wording of GA divorce/custody decree was carried over, but new CS order entered based on FL income shares.  

GA order requires me to pay for medical insurance 100%.  FL income shares splits medical insurance based on percentage of income of each parent.  

Going back for CS modification to have day care costs dropped from order and it has been brought to my attention that I have been paying double on the medical insurance since August 2001.  The FL CS worksheet - of which I saw for the first time yesterday - has medical insurance included as part of my CS payment.  I've also been paying out of pocket for insurance all these months/years as well.  Total comes to about $9,000 overpaid in CS payments for medical insurance.

Question:
1.  Can any of this money be recouped, or should I just write if off as a very bad experience and a lesson learned?

2.  If recouped, should we distribute it over the balance of the CS (7 years)?

3.  Any possible actions against original attorney for malpractice?  Attorney knew that insurance was paid for out of pocket at time that worksheet was completed.

Thanks.  

 

[socrateaser]

>Question:
>1.  Can any of this money be recouped, or should I just write
>if off as a very bad experience and a lesson learned?

If the order shows a fixed $ amount for insurance, then no. If the order shows a percentage amount (e.g., "parties shall share the cost of healthcare insurance 50/50"), but no fixed $ amount, then yes. That is, if you were ordered to pay 50% and the state collected 100%, then you have a case. But, I'm wondering how you were subjected to FL support law while still living in GA? If you're actually paying based on GA law, then you wouldn't be entitled to any recovery.

>
>2.  If recouped, should we distribute it over the balance of
>the CS (7 years)?

I don't see why. If you're entitled to the money, then you should be able to get a judgment and then you can execute on it, either via garnishment or asset seizure (assuming the mother has assets to seize).

>3.  Any possible actions against original attorney for
>malpractice?  Attorney knew that insurance was paid for out of
>pocket at time that worksheet was completed.

Depends on the statute of limitations for attorney negligence in the jurisdiction where the attorney is licensed to practice.

[stepmom23]

Insurance:  At the time of the final DD I was having the insurance deducted from my paycheck.  This amount is included in the calculation of CS.  It also states that she is paying her percentage of that payment, which she has never done.  On top of this whole issue, I pay for the kids insurance separately and directly to the insurance company.  These means that I have been paying double for insurance from 2001.  Of course, this can all be supported with my documentation.

[socrateaser]

>Insurance:  At the time of the final DD I was having the
>insurance deducted from my paycheck.  This amount is included
>in the calculation of CS.  It also states that she is paying
>her percentage of that payment, which she has never done.  On
>top of this whole issue, I pay for the kids insurance
>separately and directly to the insurance company.  These means
>that I have been paying double for insurance from 2001.  Of
>course, this can all be supported with my documentation.

Your method of payment is not particularly relevant. I would need to read the exact text of both the new order and the old with respect to insurance and support, or I can't interpret your circumstances.

[stepmom23]

>
>Your method of payment is not particularly relevant. I would
>need to read the exact text of both the new order and the old
>with respect to insurance and support, or I can't interpret
>your circumstances.
>
>
The FL attorney(s) never wrote a new FL order.  There is a 4 or 5 page addendum that changes custody from Dad to Mom and states what CS is to be and how visitation is to be handled.  Then there's language that says the GA order will be followed for  all else and the word "mother" is switched for "father" where applicable in the GA order.  Part of this language is that "father" is 100% responsible for carrying insurance and the parties split unreimbursed portion 50/50.  BTW - the FL worksheet shows an actual number based on what I was paying for insurance at the time.

Heck, the Mom's attorney even filed a contempt against me earlier this year (based on the GA order) because insurance had lapst due to a mix up, even though I was paying 100% of the medical costs until insurance was reinstated.

Will have to locate the exact verbiage for the orders.

[socrateaser]

>The FL attorney(s) never wrote a new FL order.  

If by this you mean that you entered into an agreed/stipulated order, rather than a judge-made order, then you agreed to pay whatever the order states, and you cannot now complain if it doesn't comport with the guidelines, because you agreed to pay more than those guidelines.

You may still have a case against your attorney for malpractice if the lawyer didn't correctly calculate your liability and you received nothing in exchange for the additional payments.