My husbands ex has been getting child suport for thier son of age 23 because she told the court he was going to school all this time, he never went to school after high school, so he has been paying all this time. we talked to child support services and they said there was nothing they could do because its court ordered. We live in fl now and they are in ma. we dont have the money to go up there and take care of this. is there anyhting we can do from down here?. She has gotten away with this, all she has done is play games with him saying she will stop it and then never does, What can we do please?, its hard enough working our butts off just to make it and this ontop of it is just nuts, he paid what he should have paid for his kids and for her to get this when the son never went, come on. thank you
1 Answer from Attorneys
I suggest you contact a FL attorney. However, you are claiming fraud by your husband's ex and the child (adult) which was supported by a MA Probate Court Order. I think you have to sue her here and in the same probate court claiming fraud.
The easiest way forward is to request proof of attendance at school as a full time student for the years involved. I do not know how much is involved nor can you be sure if the ex has money or other assets which can be attached and collected.
Just because you can get a judgment does not mean you can recover the money. So before starting something serious like litigation, you need to decide if it is worth it.