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Child Support: What Can I Do If I Overpaid?

Posted by Charles E. Barnabi | Aug 09, 2017 | 0 Comments

Child support payments may not always be accurate, and it is possible to pay more than you are obligated to pay. If a child reaches adulthood or you have a sudden life change which entitles you to an adjustment, you may be paying more than is necessary. Learn what you can do if you discovered you have overpaid your child support payments.

MODIFYING YOUR SUPPORT ORDER

It is important to immediately petition the court for a modification to your support order when your circumstances change. Failure to do so can result in an overpayment, which can be difficult to recover. If you know a life change is approaching, speak to your attorney to decide what steps you will need to take, and can begin preparations to file the petition when you are able to. Some orders can be made retroactive, which can create a surplus. When an order is retroactive, and you have been paying the amount you were ordered to by the original order, you will have “overpaid” for the months between when the order retroactively took effect and the time the court granted it.

RECOVERING THE OVERPAID AMOUNT

It can be difficult to recover money after it has been overpaid. The court can be requested to take action to recover the balance, but it is unlikely that this will be effective. You can personally request that the balance is repaid by the receiving parent, which may be effective if you remain on good terms with them. If you have any back payments owed, the overpaid balance will be used to pay off this amount.

PREVENTING OVERPAYMENT

Check regularly with your autopay settings or the individual responsible for withholding your child support payments from your paycheck to ensure that everything is correct. Notify them immediately of modifications to your support orders to help prevent them from withholding more than necessary.

SPEAK TO A HENDERSON CHILD SUPPORT ATTORNEY – (702) 850-8004

You have the right to only pay what you are legally obligated to pay in child support. If you have overpaid your support payments, our Henderson child support lawyers may be able to help you recover your balance. Our team at the McDonald Law Offices, PLLC believes in offering our clients caring, straightforward legal service. Let us help you today.

Contact our offices by calling (702) 850-8004 to schedule an initial consultation.

About the Author

Charles E. Barnabi

A LAWYER LOOKING OUT FOR YOUR INTERESTS Attorney Charles E. Barnabi Jr., or “CJ”, is dedicated to looking out for his clients and giving them the best advice for their particular situation. CJ has been in the legal field since 2002, having worked through the ranks as a legal assistant, paralegal...

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