In re Marriage of John and Jane Doe

Outcome: Child Support Arrearages determined to be 0

Description: Client contacted me due to issues with Child support withholding. There were a myriad of problems due to there being two withholding orders, one stemming from an OP (Order of Protection) case another stemming from the divorce that was later filed in a different county. This resulted in my client's payments not being properly credited in the correct case (the divorce). In order to resolve these issues, I first dealt with the OP case and had the court determine that no support was accruing since the time that an order for support was entered in the Divorce matter. The State also assisted in providing both sides of the matter information in regards to what payments were applied in that county to make it easier to make the final calculations through the divorce case. Next, I brought a motion in the divorce case to determine the child support arrearages and/or credit. After much correspondence between myself and opposing counsel, we were able to agree on a calculation as to what the overpayment was, and drafted an order that addressed how the child support credit would be treated or applied so that my client would not continue to overpay child support.