Legal Question in Family Law in Maryland

I pay a certain amount of child support that is withheld from each of my paychecks. The amount withheld each paycheck is determined by taking my CS obligation by month, multiplying by 12 months, and dividing by 26 pay periods. This year, 2015, I will receive my 27th paycheck, and my company has taken out benefits costs accordingly, but my CS withholding is still being deducted. Is there a way I can recoup/recover the overpayment of my child support? Is this an issue that has been taken to court in the past, and if so, what was the outcome? I'm looking to see if it is worth the time and money it will cost to undoubtedly fight essentially the court system.


Asked on 12/30/15, 8:44 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Unfortunately, when you have automated systems programmed to withhold child support from each check, you have to get a revised court order to change the existing earnings withholding order. Each amount withheld should cover the 2-week period covered by the paycheck, so if the amount of each withholding is the amount of the monthly support divided by @2.166, it should be correct. From a strict cost benefit standpoint, even if you are actually being overcharged, it probably won't be cost effective to challenge this, unless your support obligation has a long way to go and you are paying a significant amount. Discussion with the custodial parent?

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Answered on 12/30/15, 11:45 am


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