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Can a parent get a refund for an overpayment of child support

Washington |

I just found out that I have overpayed my ex in child support by $5250.00, and DSHS child support division says it is not their fault, they never received the most current order that showed a lesser amount, so that extra amount, they said I could sue the mother over, but first of all I don't think she was aware of it either, and second of all, she doesn't even work, so I know she won't be able to pay that back. my question is my son is 9 years old, I still have at least 9 more years to pay, can that amount be used for future payments, as a credit so i woudn't owe anything for the next 12 months or so? Or how can I get a refund of that money?

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You should be able to get a refund by filing a motion in the Family Law Department. If the Mother is not able to pay you back, then the Court should structure the refund by reducing the amount of your future payments. You still have to pay something, because your son has immediate ongoing needs, but a reduced monthly payment would eventually help you recover the $5,250 overpayment.

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Good luck. I was told by Indiana that my child support overpayment is a "gift" to my children, and that they will not do anything to help me get the money back, even though I have receipts for things that I bought for the kids after Mom and her boyfriend spend the money on themselves (new computers, trips, etc.). The Indiana code allows a court to order an accounting for child support, but it isn't enforced, which makes the law worse than useless.

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