Strange indeed. If you are paying support, your ex is probably listed as the custodial parent. Why don’t you petition to be the custodial parent and get your child to tell the judge he wants to live with you. Then your ex could pay you support.
Are you sure the support isn’t for college? Some judges have been known to try and guarantee that the non-custodial parent contribute to the college fund by ordering support past the child’s 18th birthday.
My husband was taken to court a while ago (before we got together) and while she was LIVING WITH HIM. She took him to court to get child support! I guess the judge literally laughed at her. Told her that he had done more than he had to, by fully supporting not only his child but her too.
so if he can prove that she didn’t have a job and that she lived with you, You can show that you paid more than you were entitled to then, and that you are WILLING to pay from this point on for your child only. now that your separated. That would be the best thing to do. But still get some receipts and other proof that she didn’t work and she lived with you, etc. You will be ok there i bet. If it doesn’t blow up into the whole deal with custody i don’t think you will have to much of a problem.
Did you have a court order to pay child support, or were you just paying her child support without an order? If you were, yes, you will likely need an attorney, because she could have been collecting welfare and not reporting what you were giving her. As such, you will be ordered to repay welfare. Or, she may have decided to file a retroactive child support order on you.
In such a case, it will be up to the judge to decide whether what you have paid so far is child support or a gift? It is in the state’s best interest to declare it a gift, because of the federal matching funds they get by ordering you to pay the retroactive amount.
What I’m saying here is that your ass is likely grass and she controls the lawn mower. I have seen a lot of cases like this in the last decade.