Overpayment of Child Support


#1

Last year, we had a child support modification hearing and the support was reduced by about $140 per month. It took the attorney about four months to get the new order written and filed with the court. The effective date of the order was backdated to the first of the month following the hearing date. This means that for approximately 8 pay periods, I overpaid the child support amount (child support is withheld from my paychecks). Since our case is not handled by DSS, but rather by the Clerk of the Court, there is no method by which the clerk is able or willing to refund the overpaid amount to me. We will be having another modification hearing coming up soon, as there has been a substantial change in the annual income of my ex and the judge has agreed to review this order after the one year mark. How do I go about getting the judge to also review the fact that I have already overpaid about $500 in child support since the current order was entered? Do I need to file a motion separate from the motion to modify the child support? Thanks in advance.