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

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

Posted

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.

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

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Posted

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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Posted

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@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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