Q: If Dad has an overpayment of support can he just stop paying the support until the overpayment has been depleted?
A: No because he's under court order to pay and could actually be brought in on contempt if he doesn't make his payments as ordered, even though there is a credit balance.. However, if he contacts his local Domestic Relations Office, they can send the mother a notice that he'll be paying 80% of the current order until the credit is used up unless she objects. If she objects, then a court hearing will be scheduled and father could ask for even more favorable relief, such as not paying. Usually the court doesn't like that idea but there are many factors to be considered, some of which might work in father's favor, like the amount of the credit and the child's proximity to emancipation.
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