How do you change or can you change a court order a year later (did not realize the calculations were wrong)

Asked 9 months ago - Fredericksburg, VA

Child support was overpaid by my ex husband and I was on a monthly payment plan which I paid and stopped because the original court order was wrong $ - Also DCSE (Child services) by mistake ALSO credited him the same amount - so he has been over paid already. He is now taking me to court to pay the full amount of the original court order.

Attorney answers (2)

  1. Kevin Reese Pettrey

    Contributor Level 16

    Answered . DCSE does from time to time make mistakes. You need to go before the court and be able to clearly show that the amounts you paid were overpayments. You are controlled by the terms of the court order and if you have stopped making payments then you could face jail time, arrears that accrue interest, or other consequences. If the court order was wrong due to a clerical error than the order could be amended through a nunc pro tunc order, if you simply disagree with the terms of the order or if the amount set was above the guidelines but there was a reason for it, then the order can only be modified if there were a material change of circumstances. Consult an attorney to be fully represented at the hearing and explain clearly to your attorney and the court why the order is incorrect and how much was overpaid.

    Please remember that if you find an answer particularly helpful, please mark it as helpful or "best answer" so... more
  2. Kathryn Mary Holton

    Contributor Level 18

    Answered . Yes, its called a nunc pro tunc.

    Providing general answers are meant to help the poster to understand some complex legal concepts and in no way... more

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