Child Support Overpayment


#1

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.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

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#2

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.