Gusty A.E. Sunseri & Associates, P.C. Attorneys at Law

Overpayment of Child Support

Sometimes in child support cases, the payor ends up paying too much support over a period of time due to a clerical mistake or perhaps a garnishment of a Federal Income Tax return. As a result, there will be a surplus of support. However, the child support office will continue to withdraw the monthly support as scheduled. So what happens with that overpayment?

Recently, the Courts have established a system for reimbursing the payor so that he or she doesn't carry a surplus for the duration of the custody case. Now, the payor can ask the Court to modify the support order and lower it by 20% until the overpayment is cured. Either the payor or his attorney can ask the domestic relations office to do this. No court hearing is necessary. However, there is no guarantee that the Court will apply the full 20%. Court Orders are modified on a case by case basis.

If you have noticed that there is an overpayment in your case and you would like to attempt to have the matter resolved, consider consulting an experienced family law attorney. He or she should be able to help you understand how significantly your order could be impacted and for how long.

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Gusty A.E. Sunseri & Associates, P.C.

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