My child’s father has been paying child support for the past two years while unemployed. He has now been approved for disability and they are going to make it retroactive to Aug. 2005. My child has also been approved and also will be made retroactive. Since I am the custodial parent the payment will come to me. Her father is stating that I need to return the past 2 years of child support to him from this lump sum payment since the amount is greater than his ordered payments. I think the money should be given to my 17 year old to apply towards college since he will stop payments at age 18 and has no order to help with college. Will I have to return the child support paid for the last two years?
I am not licensed in Kentucky. However, I do not believe you are obligated to return the child support. The disability is not the same as support. If your ex has a pending child support modification then his support may be reduced retroactively. Even so, any money already received by you would be considered a gift and not recoverable. Do not return the money unless ordered to do so by a Court.