Legal Question in Family Law in California
Overpayment
I have an child support order from 1998 that has two children being considered, I have been paying this same amount even though one of my children is 24 years old. I have recently realized that the amount I was paying should have been less but my attorney is no longer practicing and I do not have a copy of the disomaster used (the court has one filed) Will I be able to get a credit for future child support I have roughly three years left and my income has changed drastically.
1 Answer from Attorneys
Re: Overpayment
Get a copy of the paperwork and consult with an attorney, Most court orders set an amount of support for each child. If that is the case the probability is some what better. However, some court have considered such overpayment to be a gift to the custodial parent. The answer also depends to some extent on the particular judge.