Am i entitled to a refund of over pay on child support

Asked about 2 years ago - Peoria, IL

my child is now over 18 and has graduated i filed a motion when my child graduated to reduce CS, but was being taken back to court for post education expenses. recently the custodial parent has dropped the post education case. i am paying on 2 children an since the the motion for reduction hasnt been settled i continued to pay the higher CS for fear of contempt of court. my question is now that it seems to be settled am i entitled to a refund of overpay

Attorney answers (3)

  1. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Go back to court for an order ending you obligation. If there is a necessary accounting request it.

  2. Wes Cowell

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Entitled? No, you're not "entitled" to a refund. You can ask for it though, when your motion is disposed of and you should get it. Motions to modify (or terminate) support can be made effective retroactively back to the date of filing (or emancipation) and that should allow for a refund.

  3. Judy A. Goldstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You may not be entitled to a refund but you certainly can make the argument, especially if you never withdrew your motion for reduction. The decision by the court will be based in part upon how you worded your original motion and the subsequent order that was entered. If it is not a lot of money, you might wish to consider it a gift for the benefit of your child. If it is significant. you should have an attorney help you.

    Keep in mind that if you are now obligated for 1 child, the reduction will not be all that much as the guideline difference between payment for 1 child and 2 is only 8%.

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