Being sued for overpayment of maintenance

[Terri]

Due to an order written incorrectly by an examiner, Child support collections has collected maintenance from my ex for the last 6 yrs. but our devorice says it was to end 5 years ago. My ex and I had an oral agreement that it would continue due to my son being autisic- I homeschool him. So I never questioned the order. My ex now says he overpaided me 5 years worth of maintenance and is sueing me. The support collection units orders do not specify it to stop. He called SCU telling them to stop the maintenance they told him they could not because there orders didn't say a date to stop. Can I be held responsible for this and does child support collections have any fault in this. Thank You very much for your response as I am very upset about this.

 

[calalily]

Have you contacted a lawyer? There may be something somewhere that allows child support to continue when a child is disabled...however if the child is 18 he may qualify for social security benefits (under your husband's if he works and you don't) and you would need to be named the adult-child guardian. I'm not sure about the other things in your post but a lawyer may be able to answer. Also, there are support groups for parents of autistic children, go online and google: autistic support groups. They may have people who can answer some of your questions and there may be a chapter in your town.
If you can't afford a lawyer, see if legal aid will help you.
Maybe Duranie will answer your post he/she(?) knows a lot about things like this. Good luck and let the forum know how it turns out.

P.S. Why is your husband all of a sudden demanding the money back?