Legal Question in Family Law in California

over payment of child support

It has become apparant that my husband has inadvertently overpaid his x wife child support in excess of $28,000. his wages were being garnished, there were arrears payments involved but what should have been settled after 15 months (bk in 1996) con't for an extra 3 yrs. ($1120 a month) approx. 1 yr ago he wrote a letter to the county DA's off. and had the payments reduced...to $625. last time he was ever in 'court', the last time there were any documents presented declaring the amount of child support to be paid (1995) the amount was $327. my husband makes more $ than he did back in 1995; could/would the exorbitant amount of moneys already paid affect how much he is expected to pay now? who can be held accountable for this error?? the greedy x wife perhaps? my husband the good intentioned citizen (or 'chump' as the case maybe)? or the DA's office? isn't this a clerical error? any thoughts or advice would be appreciated.


Asked on 9/07/00, 8:14 pm

2 Answers from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: over payment of child support

This can be complicated and you probably should retain counsel. You need to ask the DA for an audit, then compare what they say you paid with documents showing what you actually paid.

If children are still in minority, c/s might be increased, if that is sought by DA or ex.

The overpayment will not be a credit against future support. He will have to seek a judgment against the ex and then enforce same same as any other judgment creditor.

Read more
Answered on 10/06/00, 12:06 pm
Nina Gohari Law Office Of Nina N. Gohari

Re: over payment of child support

YOU WILL NEED TO FILE A MOTION WITH THE COURT REQUESTING AN AUDIT FROM DISTRICT ATTORNEY'S OFFICE SHOWING THE AMOUNTS OWED AND AMOUNTS PAID BY THE FATHER. YOUR HUSBAND MAY BE ABLE TO OBTAIN A CREDIT TOWARD CHILD SUPPORT ARREARS TO REDUCE THE AMOUNT OF ARREARAGES, IF THAT IS THE CASE. IF MOM IS OVER PAID THEN MAY REQUEST A REIMBURSEMENT FROM HER. IF YOU LIKE TO CONTACT MY OFFICE FOR ADDITIONAL INFORMATION YOU MAY CALL ME @310-839-7700.

Read more
Answered on 10/12/00, 8:48 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California