Legal Question in Family Law in California
Collection of Child Support Overpayment
Is there a statute of limitation of when the county can collect an overpayment of child support to the non-custodial parent. They over collected on a tax intercept four years ago and distributed it to me and now four years later want me to pay them back for their error in collection.
San Bernardino, California
1 Answer from Attorneys
Re: Collection of Child Support Overpayment
I am not aware of any statute of limitations. However, this is essentially a debt which would have a 4 years statute of limitations. There is a appellate court case that holds that a man who paid support for several years, as the father of the child, could not sue the agency for a refund, when it was learned that he was not the child's father. He would have to pursue the mother to get hs money back. If father is the one demanding repayment he should have to come after you to collect. If you were receiving aid the county would be owed the money. Assuming that there was not fraud committed by you then the 4 year statute should apply.