Motion


#1

If someone believes they have overpaid child support is there a motion that can be filed for reimbursement and or retroactive credit? What would the motion be called? Thanks!


#2

If you believe you are overpaying for child support, you should file a motion to modify child support. If you have a court order that says you should be paying a specific amount, you must pay that amount until you obtain a new order. So, if your order says you should pay $1,000 per month, and circumstances have changed that would warrant a lower payment, but you have still been paying $1,000 you won’t be entitled to any reimbursement. This isn’t really overpayment because the order is still in place. If you think you are overpaying, you need to be proactive in seeking a modification.