Legal Question in Family Law in California

Child support over payment

My child support payment where paid through my employer to the State of California. The state of California did not notify my employer that I had fulfilled my child support obligation. I contacted the agency in California. They agreed that they make a mistake and I overpaid. They also stated that there was nothing that they could do to get back the money that was overpaid by me. They stated that I would have to contact my ex-wife to get the money.

My question is why is not the agency responsible for the overpayment? What are my legal rights to get back the amount that I overpaid? I live in a different state than California.


Asked on 1/25/03, 6:40 pm

1 Answer from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Child support over payment

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

If the over-payment has already been paid to your ex-wife by the agency, contacting/suing her is probably the easiest (if not the only) way to get your money back. Depending upon how much was overpaid it might be worth it to contact an experienced Family Law attorney in the county where the support enforcement agency and/or you ex-wife is located for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry, and good luck with your case.

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Answered on 1/25/03, 8:50 pm


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