Sometimes things happen, and it is possible for one parent to have paid more child support that was ordered at that time. While these situations are rare, they can happen, and it’s normal to wonder what your options are. In most cases, if the child support order is ongoing, the extra payment will just be applied to the account, and you won’t be able to get a refund.
However, in the instance when you believe you have been paying too much child support because you have had a change in income status, there may be options. One of the most important things you can do as the payor on a child support order is to keep the child support agencies aware of your income and make sure that they have up-to-date information that reflects any new jobs, terminated employment or changes to salary.
If you have been keeping all of this information up to date, it may be possible to ask the courts to refund the overpayments. The easiest way to do this is to go ahead and draft an agreement between you and your ex and then present this to the court. However, it is also possible to petition the courts for a refund with an agreement; it will just be more difficult.
Getting a child support refund is not an easy process, and it is one where having a lawyer help you can be especially helpful. A lawyer can give you more information on how child support overpayments happen and how you may be able to pursue a refund.
Source: FindLaw, “Can I get a refund on child support overpayments?” accessed Dec. 29, 2015
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