Child support overpayment


#1

Dear mathkittycat:

Greetings. My answer is possibly. It depends on how he paid it, why he paid, etc. It also depends on whether or not they have a separation agreement and if so, what the terms for child support are in the agreement. Generally, I bet he could, but he would want a court to allow him to do this, instead of just not paying the equitable distribution and telling her she got too much child support. Fix it before he does not pay. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

My friend paid child support for 18 months after his oldest daughter turned 18 and was not enrolled in school. Could this overpayment be applied to money he owes his wife from equitable distribution?