Q: Child support order modified from date of filing, which was 6 months ago, refund of excess paid during those 6 months?
If it cannot be reimbursed, why so? child support decreased due to the modification.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
When a child support order is modified, the new payment amount usually takes effect from the date of filing the request for modification. However, if you overpaid during those six months, it's not always guaranteed that you'll be reimbursed for the excess payments. Courts sometimes view child support as serving the child's best interest, and once paid, the funds are generally considered spent on the child's needs.
Refunding excess child support can be complicated, as the court may see the payments as already allocated for the child's care. If the custodial parent has already used the money for the child, the court might be reluctant to order a repayment.
You may want to review the specific details of your case with the court or a legal advisor to understand if reimbursement is possible in your situation. It's important to address any concerns about overpayments during the modification process.
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.
