I Paid Too Much Child Support - What Can I Do?

I Paid Too Much Child Support - What Can I Do?

Posted By R. Gregory Colvin LLC || 9-Aug-2017

Child support payments are something that should be carefully considered by the court. If you are paying support for your children, your needs and circumstances should also be considered when the payment amount is decided. The court weighs a number of factors in making the decision, such as your children’s financial needs, the financial status of both parents, your children’s age, and more. The courts realize that it is not only important for the parent who is receiving payments to get the full and correct amount, but also for the parent who is making payments to pay the correct amount. Mistakes in child support payments can cause enormous financial strain on either side.

If a mistake has been made somewhere in the system and you have overpaid your child support payment, you do have actions you can take. The courts understand that your payments need to be accurate for your sake as well, and they will work with you to fix the issue and reimburse you. Learn how you can correct any mistakes in your child support payments.

1. Get in Contact

You need to let the recipient of the child support payment know that you’ve overpaid, as well as the Department of Children and Families. Once you have notified the recipient, they will have the opportunity to return the balance to you upfront. If they do not, or are unable to do so, the Department of Children and Families may reduce your support payment amount until you have been repaid. Often, benefits will be reduced by 25%, if there has been an overpayment. If this occurs, you will be notified of the reduced payments and provided with a timeframe of when you will be reimbursed and regular payments will resume.

2. Receiving Reimbursement

Depending on your situation you may receive your reimbursement in one lump sum, or it may be received through a series of payments. Often, the less you have overpaid, the more quickly you will receive the difference.

3. Maintaining Contact

After a mistake has been made, you should be contacted frequently by the state regarding the reimbursement process. Because of the consequences of missed child support payments, the Department of Children and Families should be eager to work through this situation and protect you as well as the payment recipient. Once the notification of overpayment has been received, you should be regularly updated about the status of your repayment and how you will be repaid. When the state’s child support enforcement agency has processed your repayment, you will receive a payment from the agency by mail.

What If the Recipient Won’t Repay Me?

Failure to repay an overpayment is serious, and the state will pursue your reimbursement. Even if your support payments end before you receive repayment, you are still owed that amount. If the recipient of your payments refuses to pay you back, you can press charges. The state will also pursue your reimbursement through collection actions, withholding of wages, and judgments against the recipient.

Child support payments can be a complex matter. If mistakes have been made, you shouldn’t have to pursue justice alone. Our Orlando family law attorney, R. Gregory Colvin can help you seek reimbursement and can support your claim. Contact our offices today to request a free consultation.

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