Q: How will a Judge require reimbursement of overpaid child support?
My ex filed a modification for child support back in February as my income has increased and stepped down in his current employment lowering his income. He has the ability to do so because he runs a side business that brings in an extra $30k/year and also got married to a woman making 6 figures a year. I am pretty sure he did this to lower or completely avoid having to pay any child support and this has made our income almost equal. He has also had a child which is making the calculations where I have to pay him$30/mo. We have a court date in October, I am anticipating that I will have to reimburse him the child support he has been paying since he filed which is $450/month. He is requesting that I either pay it all back at once or $900/mo. I am barely squeaking by with the child support right now and have no ideahow I will be able to pay him back if ordered. Will the judge at least look at my expenses and allow me to pay it back in a way that will not leave me destitute? Thank you.
A:
First, voluntary decreases in income do NOT reduce child support. If he quit this job or stepped down, there is a very strong argument that the support should not be modified.
As for the repayment (assuming this occurs--which is less than certain), the court will not require that you pay more than you can reasonably afford. Usually, the support is reduced from future payments.
Contact a lawyer to discuss your options, because your facts present some opportunities to prevent your ex from reducing on his support payments. Some people get creative with not having to pay support--the courts are aware of these people and their many tricks... Expect to pay for the attorney's time. If you can afford it, hiring an attorney is highly recommended.
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A: Generally court's will require that over or underpayment retroactive to the filing of a motion to modify be paid out over a 24 month period. For example, if the other side overpaid by $1200 between motion and hearing, the court would have him or her reimbursed at $50 per month for 24 months. If overpayment, reimbursement might come through a $50 per month reduction in the child support payment until paid back.
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