How Can I Get Over Paid Child Support Returned To Me?

8 Answers

Greg Allen Profile
Greg Allen answered

The process for this varies from State to State, with some offering far more help for overpaid child support than others. It can be as simple as asking the child protector for the return of over-payments, as they would have been the recipient of the checks. This, however, might fail, in which case the Child Support Agency for your local state should be contacted.

Because it is the local Child Support Agency that dictated the amount you were to pay each month, they should be the first port of call now you have realised you have been overpaying. In theory, the account with the CSA should state you have overpaid, as the extra amount might not have been paid to the mother. You are entitled to ask for the over-payments to be returned to you, however they might not agree to repay you, in which case you have two options: Sue the CP directly, or sue the CSA Department, who will in turn sue the CP. Whichever you choose you will need an attorney.

By suing the recipient, you would have to consider the cost of suing versus the chance of winning. If the dispute is taken to civil count over the small claims court, your expenses are increased markedly. Other things to consider here are whether your action would strain your relationship with the child, the most important party in this situation and whether the child support recipient is even legally obliged to pay you back.

Suing the Department would require requesting an administrative hearing on the over-payment. In this case, if the Department is made to pay you back they will likely take action against the recipient, which might again strain your relationship with the child.

Anonymous Profile
Anonymous answered
Man, lets be honest, men don't have rights in this situation. I'm overpaid in support by  3,000 and they are still collected current support even tho the mom isn't getting it because its on hold until they cut me a check... System is wrong, but not enough good dads standing up for wrong doings.
Anonymous Profile
Anonymous answered
To the woman who is whining. Being a woman myself divorced and remarried. I ask my ex husband for 75.00 a week. He didn't want to pay anything so he fought me for custody. The judge ordered I keep full control of my kids and he pays 195.00 a week for 2 kids. I continued and continued to take me back to court to get this child support reduced. Finally the judge ordered the re ducal to 95.00 a week. This was fine with me as long as he was in there life they needed to know there dad. Now my current husband pays child support and half of all activities and half daycare and half of all supplies. Per there divorce he was ordered to pay 100.00 a week. The temp order was 130.00 a week. He lost his job due to the economy filed a pro se motion to reduce support. The state stepped in and ordered he repay the 30.00 a week from the temp order. We are fighting now hopefully with an attorney to get the extra 3000.00 back. We were not going to fight. But she is taking us to court for dance class. She said the extra 3000.00. Is just luck on her part. She is a greedy &^%^$ that spends the money on herself. Look at how much we pay besides support. That kids can't pee without us buying half the toilet paper.
Anonymous Profile
Anonymous answered
We are in the same mess with over payment ...some records were at the county court house that is where he paid in the beginning and then it switched to the state of illinois child enforcement.....they did not have the records from the county and started garnishing his check more for back owed support which was not owed....we have submitted the information to the state and it has been 8 weeks and we still have not heard anything from them...also during this time he was on unemployment and they took the child support out of it and when he went back to work part time and still received supplemental unemployment they took it out of both checks so he was double dipped....we are now about $2000.00 ahead..and concerned if we will ever see it...I know some people feel you are taking money from the child when you want this money returned but these people are already paying 20% and more for their children....plus my husband pays $70.00 a week in insurance....don't get down on these fathers for wanting their money back....at least these men are paying...and should not be treated like the dead beat dads are...
Ronnie D Profile
Ronnie D answered
Friend of the court or Family court should have stopped the order. I would definitely contact an attorney, Or call the courts and try to do it yourself. What kind of person is your ex. Oh, I guess that's why she your ex. You may be able to press criminal charges on her for fraud. Depending how pissed off you are about this, I would consider it, or tell her you are considering it to get her to pay you back. What a loser she is.
Anonymous Profile
Anonymous answered
Men shouldn't pay child support for a child they
didn't want. My husbands ex girlfriend didn't want
him around b/c she said that the baby would be raised
by her parents. Well guess what, 16 1/2 years later she sues
for child support.  Now my husband pays 1400.00 a month
for one child. And now our children can have the lifestyle
they have been living because of this. Oh and we are also responsible
for all medical expenses. Talk about over payment for a woman
who spend her days on myspace and still lives off the welfare system
J. Wyatt Profile
J. Wyatt answered
Hire a lawyer b/c the courts look down on men and screw them over all the time this happened to my husband and there is nothing we can do without a lawyer
Anonymous Profile
Anonymous answered
Unless you intend to criminally charge your ex-spouse for fraud, don't waste your money on an attorney--you don't need to go to court at this point to resolve this overpayment or to receive your refund.

Simply contact and work through your state child support enforcement agency office to explain and resolve your overpayment so they can refund your monies.

Here is a link for the contact information for your state CSE (child support enforcement) office:
State CSE offices Contact Information.

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