Q: If you are overpaying in child support and the court determines you have been will you be compensated the difference?
If you are compensated will the custodial parent be responsible for reimbursing you? The judge that presided over my custody case handled things very poorly. Of course I wasn't represented and he was so nothing I got in my favor. The judge asked me and child's Father our annual income without actually having us bring in proof of income. My child's Father told a lie about his annual income. He makes $19.02 an hour and I make $6.82 an hour. At the time we had a court appearance my child wasn't enrolled in daycare which the Father agreed that she wasn't and was her being kept by family members. She's covered by health care through Alabama Medicaid. I'm a cocktail server at the casino & practically live off my tips, which are reported on my check stub. Everyone keeps telling me to do a modification. I live in low income housing & really am struggling to pay this high amount in child support. I just wanted to seek advice from someone that is more knowledgeable and experienced in this field.
A: Is this an Alabama matter? You must go back to court and modify child support. You won't get money back. It is technically possible that the father could be held in contempt and be required to pay your attorney, but that is not certain. You must go back to court and get this done. If you are receiving government benefits DHR will take you back to court IF he is not paying.
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