Child support doesn’t always remain static over the course of the years. Sometimes it increases or decreases depending on the needs of the child. So what happens if child support is overpaid by accident? And are you eligible for a child support overpayment refund?
Child Support Reimbursement
You can fight to reimburse child support payments if you paid too much. The child's mother might raise defenses to this. If a child support agency is involved, you can elect to have an audit performed to determine how much you paid and how much is owed.
In the case Coull v. Rottman, a family court ruled it would violate public policy to allow the paying parent to take a credit against future child support payments in order to recoup the overpayments.
Instead, the court ruled the parent paying support is only entitled to recover the overpayment of the child support payments against his/ her share of the statutory add-on expenses (the portion of child support intended to cover child care and educational and special needs).
This court case regarded a parent who had been granted a downward modification of child support payments, meaning the court allowed the parent to pay less in child support than in previous months. The mother or father accidentally paid the old child support amount and applied to the court to recoup the cost.
Negotiate Child Support Payments with an Orange County Child Support Lawyer
If you’ve been overpaying for child maintenance, you may be able to recoup some of the money. However, you would first need to speak to an experienced Orange County child custody attorney. He or she can help you apply to the family court that oversees your child support payments to see how you might be able to negotiate an overpayment. If you also need your child support amount permanently modified, a skilled family law attorney can assist with that as well.
Alternative Divorce Solutions is here to help. Our firm was founded on the idea that everyone deserves access to a streamlined, respectful, and manageable way to divorce. We offer innovative, flat-fee pricing and an efficient process that will help you and your family get through this time with as little stress as possible. Our founding attorney, Lani Baron, is an award-winning lawyer who can offer representation in several types of family law matters. Let her see how she can help you.
Contact us for a free initial consultation. Fill out our online form or call (949) 558-2624 today!