I am not sure about over payments, but this is what I know about when someone files a decrease. If a parent files to decrease his/her SC payment amount it can only be retroactive to the date of filing. I believe that if you two had an agreement that he would pay over and above the state guidelines, then filed for a reduction, this rule would still apply. www.ncchildsupport.com This site should help you get the answers about child support.
PS… from your post, you refer to you ex’s “court attorney” was this an appointed attorney or did your ex retain an attorney specifically for reduction. My ex’s court appointed attorney approached me at a “show cause” court date … (ex was about 6000.00 in arears). He wanted me to voluntarily agree to a reduction in CS. My ex wasn’t/isn’t working. Supposed for health reasons. I asked the attorney what “ex” had done to deal with the medical problem. Nothing… in a year. So I declined. The attorney said that they’d file paperwork for reduction… It still isn’t files and this was in May. It think these lawyers try and intimidate the recipient to get what they want plus the financially irresponsible parent can feel justified. But that is just my opinion. Contact your local Child support office, they can help.
I cannot give you a definite answer without reviewing the facts of your case, however child support cannot be modified retroactively.
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
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Chapel Hill, NC 27514
(919) 321.0780
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I have a question. We had an agreement that prescribed for my ex to pay CS above the amount of state guidelines. it was in place for two years. he got that overturned. Yesterday at court his attorney said something about “credit for amounts paid” and made reference to our tax returns for the last 3 years.
Does this mean he will be able to apply that change retroactively and that any amounts he paid over state amounts will be applied to future payments?
What does that mean?
Dawn