Child Support Overpayment

If the money was sent to you through the clerk of court and you were overpaid, chance are you are going to have to pay the money back to him.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

My x-husband was paying the current support order plus alimony. THe clerk of court in NC spoke to both me and my x about closing it early, he was overpaying at that time, and I applied it to the alimony to give him credit for paying it off. Then he was told by me and the clerk of court to stop the additional money, that he had to do it, cause she isn’t authorized to stop allotments. He never stopped the allotments until Dec of 07. So for about a year and a half,he is claiming to have overpaid me and is sueing me. If your willing sending extra money, isn’t it considered a gift or will they make me repay?

The alimony was set to end may 1, 2006 but he paid off early in Oct, 2005. This is when he was told to stop the allotments and failed too.