Our lives are ever-changing and, as such, payments like child support are
not meant to be set in stone. It should decrease or increase based on
the needs of the child and even on a parent’s ability to make those
payments. If you have lost your job or taken a pay cut, these factors
can also affect how much you are expected to pay in child support. If
the court lowered your payments, but you accidentally paid the old price,
you might be wondering if you are able to recover the excess funds you
paid. This is actually a common question, so you are not alone in asking it.
Overpaying Child Support
Coull v. Rottman, a family court ruled that to allow the paying parent to take a credit
against future child support payments to recover overpayments would violate
public policy. The court also ruled that the paying parent is entitled
to recover the overpayment against his or her share of any statutory add-on
expenses, such as educational and special needs.
Therefore, if you have been overpaying child support, it is possible you
can recover some of the money you paid in excess. This is going to require
the legal advice of a family law attorney, however. He or she will be
able to assist you in applying to your family court to see how you might
be able to negotiate the overpayment. If you are in need of further modifications
to your payments, a skilled attorney can assist you with this task as well.
Experienced Family Law Attorney in Westlake Village
If you are in need of a modification to your
child support payments or paid too much child support and would like to recover the
overpayment, now is the time to seek the assistance of a family law attorney
in Westlake Village. I, Jeffrey S. Graff, will help you navigate any complexities
you might encounter to achieve the results you need.
Contact the Law Offices of Jeffrey S. Graff today at
(805) 633-4999 to schedule a free consultation.