Overage of Childsupport child moved in with other parent

[miltonman]

I am currently paying child support for 2 children. One of them moved in with me (DAD) in August 2011 after being kicked out of his house by mom. He turned 18 in July. I have filed for modification of support but I have still been paying my ex the full amount for both kids. (Origional decreee called for me to pay CS until my youngest graduated high school, which would put my oldest at 20 years old). I am asking the judge for overage back that I have paid to her since my son has moved back in with me. Am I entitled to overage as I have been complying with the origional divorce decree.

Also is there any case law that I can refrence in case the judge does not rule in my favor?

[Attorney Howard Iken]

Technically, the modification would be effective back to the date you filed for modification. But some judges agree with the theory that child support terminated on a certain date "by operation of law."