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?
Family Law Attorney
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.