How do you recoup overpaid child support arrears?
In general, when one wants to modify a support order, it is best to do so once financial circumstances have changed, such as an increase or decrease in income by one party or if the custodial arrangement is different from the original order.
I believe that in most states, retroactivity of the order will only apply to the date that you file your motion to modify — not the date that the circumstances change (i.e., date of job loss, reduction in income, etc.).
If there is a local Child Support Services entity involved in your matter, they will have to be notified of your request to determine whether or not you are overpaying for child support. You can then have an audit performed on what you have paid and what was owed.
If you have in fact overpaid in support, then you would be entitled to be reimbursed that money by your children’s mother. However, also know that she can raise certain defenses, such as laches, which can further complicate matters.
If you have not done so already, it would be wise to set up an initial consultation with an experienced family law attorney at Cordell & Cordell to better assist you in determining what your rights are in relation to the specific facts of your case.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”