Overpayment of Child Support: Can I Get a Refund? My ex has received an overpayment of child support. How do I get it back? My child support modification has been awarded. The amount went down by $211 a month. The judge back-dated the modification to 03/01/2016. However, I paid the old amount in full for March 2016 and half the full payment in ...
Question:. I was recently notified that I overpaid my child support obligation by $10,000 due to my employer’s payroll office reacting slowly to changes in my wage garnishment.. However, I was never notified by my state when this overpayment began and they let it go on for a significant amount of time.
What Can You Do If You Overpay for Child Support? State laws govern recoupment of child support overpayment, so a parent's options vary depending on the circumstances of the overpayment and local laws, explains Dads Divorce.
I want to get that overpayment back. Can I do that? Answer: Absent an agreement approved by a court finding that you have overpaid, you will need to prove you have made all the payments in order to obtain a court ruling addressing the overpayment. Since you advise you paid her directly, the burden is normally upon you to prove you paid.
*** E.g., if you are the payer of child support and you properly petition to decrease child support based on a reduction of income in March, but do not win your case until September, the law states that you may be awarded retroactive modification for overpayment from March to September. Agreement by the Parties.
I believe it also tells you (or your attorney) to read your child support order carefully, pay support using the proper medium of payment, and do not voluntarily overpay the recipient of support ...
An overpayment would generally relate to a liability arising under a child support assessment. However, an overpayment may also relate to a liability arising under other registrable maintenance liabilities, such as a court order for the maintenance of a child or a spouse/partner (see 5.1.2 for registrable
The judge however can give you credit for the overpayment and either reduce the amount you pay until the overpayment is used up or suspend payments until the overpayment is used up. This is all based on your still being responsible for paying child support. You cannot get a refund for any overpayments.
Failure to make these payments result in garnishment of your paycheck or tax refund until the delinquent payments is completed. However, overpayments may occur if you make payments to the parent receiving the support that they are not entitled to. This is the definition of a child support overpayment under the Florida State Legal Code.
Read Related Article: Why You Must Avoid Informal Child Support Agreements. Another common child support mistake is paying child support in advance. Many child support obligors have made “advance” payments toward child support, or overpaid their child support obligation and wish to get credit from the court for this overpayment.