Legal Question in Family Law in California
I have been paying child support for three years. My attorney and my ex-wife's attorney calculated my time share at 20%. I recently decided to recalculated it by hours, I get 27.7%. Is there any way to recover the over paid child support?
2 Answers from Attorneys
Talk to your attorney about this.
There should have been a dissomaster run on the issue of child support. The dissomaster is a software program that applies a formula that is embodied in the actual law to determine the amount of support, which is known as "guideline" support. I know the program has different options for the time share, which affects overall support.
I don't think you can get over payment of support, but if support was incorrectly calculated, you may be able to file a RFO or motion to have the support amount corrected.
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