Legal Question in Family Law in California

Overpayment of Child Support

Can you provide case citations both for and against (or arguments for and against) obtaining a credit for overpayment of child support? I paid substantially more than the amount ordered during a period (a little over 3 years) in which I earned substantially more than the income on which the original child support was based. The amount of overpaid is about $95,000. We never went back to court and now my income has dramatically decreased (I am now unemployed) and we are back in court. The amount previously overpaid was substantially above the standard of living our chidren have had over the years. I am hoping to get a credit to cover any support ordered that may be the result of imputed income and to cover a ''back support'' amount resulting from paying the court ordered minimum during a 120 day period between my ex's OSC filing and the first hearing date (all during which I was still employed), or even to possibly offset some future support amounts.


Asked on 1/21/08, 1:27 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Overpayment of Child Support

She cannot be ordered to repay the overpayment of child support. One parent cannot collect the costs of supporting their child, unless there is a court order for the payment of child support.

The only possible argument for receiving credit for the over payment is that doing so is in the child's best interest. There is little chance of the court making such an order. The court is required to follow the computer generated guideline support with few exceptions.

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Answered on 1/28/08, 5:19 pm


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