Refunding over paid child support

Asked 9 months ago - 11432

Petition filed in 2011. After 2 years of court battles. Won the support judgment. Child support was modified and is to be readjusted. Does this go back two years to when I filed the petition or do I have to file a petition to have the enforcement group adjust the overpaid support and credit or refund the difference?

Attorney answers (4)

  1. Peter Christopher Lomtevas

    Contributor Level 20

    3

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    Answered . You cannot petition "the enforcement group" because it is the court that drives enforcement (support collections). Instead, all adjustments always relate back to the time of filing because the Bradley Amendment prohibits adjustments by the court outside of the petition.

    Good luck.

  2. Marco Caviglia

    Pro

    Contributor Level 19

    3

    Lawyers agree

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    Answered . The modification relates back to the date you filed the petition, if it is that same petition that has been at issue for the past 2 years. Since 1986, you cannot go back further based upon federal law prohibiting it.

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  3. Maria C. Tebano

    Contributor Level 15

    3

    Lawyers agree

    1

    Answered . The support adjustment is retroactive to the date that the petition seeking the adjustment was filed. The support order should reflect the retroactive date and the support collection unit will make the necessary adjustment to your account.

  4. Anne Peyton Bryant

    Pro

    Contributor Level 8

    Answered . The judge's order should have indicated that it applies to the date of the petition and calculated the arrears/credits if any.

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