How can I collect/get back an overpayment in child support?

Asked almost 2 years ago - New York, NY

My ex sued me for not paying the right amount of child support. After calculations were made by the judge, it shows that I overpaid almost $18,000 in child support. Can the New York Child Support Processing Center use this money to pay off my current child support? If not, how can I get back this amount that I had overpaid?

Attorney answers (3)

  1. Mary Katherine Brown

    Pro

    Contributor Level 20

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    Answered . A "refund" will not happen; however, you certainly may are entitled to consideration of the overpayment when the court is making a determination as to the amount of your current order. You must not delay in sorting this out and you will need an attorney to help you. You can find contact information here on Avvo for an attorney who can help you. Good luck!

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated.

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more
  2. Lawrence Allen Weinreich

    Contributor Level 17

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    Answered . The CSPC cannot do anything without a court order. The judge however can give you credit for the overpayment and either reduce the amount you pay until the overpayment is used up or suspend payments until the overpayment is used up. This is all based on your still being responsible for paying child support. You cannot get a refund for any overpayments.

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish.

    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.
  3. Ronald Scott Zimmer

    Pro

    Contributor Level 9

    Answered . Generally it is against public policy to issue a refund on child support overpayments, however the magistrate would have to adjust the support amount to compensate for the overpayment. You won't get your credit from heading down to the SCU on your own.

    The opinion herein does not constitute legal representation in any way or establish an attorney-client relatioship.

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