Legal Question in Family Law in California

Overpayment of Child Support

I have a private order to pay child support that was filed in 2002 for 4 children. In 2003, one of my children was emancipated & in 2006 one of my 2nd was as well. I continued paying the full amount for all four until 1 year ago. I have over paid my ex $36k. I was told by The Child Support Dept in CA that I have to sue my ex for the overpayment I made in child support. What paperwork & what court do I need to begin this process. I would like to place a lien on my exes property & have my exes wages garnished as well once I obtain a judgment for the overpayment. Please help!


Asked on 5/18/09, 4:45 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Overpayment of Child Support

You will need to file a civil action in superior court. Given the amount of money involved, I would not try this on your own. Once you get a judgment, you may put a lien on her house, seize her bank accounts, attach her wages, etc. It may also be possible to put a lien on her house before a judgment (called a prejudgment writ).

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Answered on 5/19/09, 1:02 am


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