Q: If I feel I have over paid my support order last year, how do i go about getting back the overages?
A: First try contacting your ex about the overpayment. If your ex refuses, you will need to seek a court order to either credit the overpayment for future payments to receive a refund.
A: Do you mean you are overpaying or have you actually paid more than you had to? If you believe you are overpaying because the order is too high you would need to file a motion to modify. If you mean you actually overpaid, you should first ask the other parent to pay you back. If they are unwilling to do so you have a couple of options. If you pay directly and can absolutely, 1000% prove you overpaid, then you could certainly withhold from future payments until the overage is made up. You would not be in violation of the orders because you could count the over payment as having just pre-paid, or paid earlier. If you are being garnished and the other parent refuses you will have to file a motion with the court to get the excess back.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
