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Refunding over paid child support

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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. 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. 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.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

  3. 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. 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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