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
In 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.