Legal Question in Family Law in California

Re: Overpayment Reimbursement

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NOW, IN RESPONSE TO YOUR INQUIRY --

It depends on how and why the original DissoMaster calculation was wrong. A court might deem the error to be a "clerical inadvertency" subject to retro-active correction. If not, you may have to file for a modification of support. Incidentally, only pendente lite (temporary, pre-judgment) spousal support may be calculated by DissoMaster. So-called "permanent" (continuing, post-judgment) spousal support absolutely can NOT be calculated by DissoMaster.

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Re: Overpayment Reimbursement

I somewhat disagree with the two other replies you received. There is recent caselaw that says that you must challenge any such error at the time. So I don't think you'll get back any overpayment.

You should file a motion to modify and otherwise "correct" the order. Even if you don't get back the overpayment, at least you won't be making future overpayments.

Re: Overpayment Reimbursement

I can only give you a typical lawyer response. . . maybe yes maybe no. It depends on the surrounding circumstances. You may be able to get credit against future payments for the overpayment but probably not since the money was no doubt already spent and relied upon by the other party.