Overpayment of child support


#1

If the child support payments are through the DSS, then it’s likely that the ex did not get both checks. On the child support website it will tell you that if you are going through DSS, your check will arrive at the end of each month, closely the same date. If the payer wants to pay an entire year at a time, you will still only receive one check per month in the amount that is court ordered. If the support payments do not go through DSS, when the check is sent to the State they turn around and send it back out. So if you send a check on the 1st, the payee may get the check on the 4th.
In your situation, I would say that since you paid twice, then you will either need to ask the ex to repay you that amount or petition the state. Make sure you have the canceled check and documentations.


#2

Dear mathkittycat:

Greetings. You can file a motion with the court for return of the funds, or for future assignment of the funds to future child support payments. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#3

The state recently began taking child support out of my husband’s check after he changed jobs. Prior to that, we were sending a check every pay period to Centralized Collections. They finally took the money out of the check, but we had already written a check to Raleigh. All the money has been given to the ex. How do we get back the overpayment? Already called Raleigh and the Clerk of Court.