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
Contact our offices today to request a