Legal Question in Family Law in Michigan

I overpaid child support (involuntarily through income withholding). How do I get a refund? The Wayne Co. FOC won't issue a refund and told me to sue the custodial parent. Thanks.


Asked on 8/21/09, 10:32 am

1 Answer from Attorneys
Brad Aldrich Aldrich Legal Services

If you are currently still paying child support you could file a Motion asking the Court to grant you a credit against future payments. If you are no longer under a payment order then you are in a situation that I have seen many times. The FOC forwards the majority of funds to the payee and if there was an overpayment then the FOC gets to say sorry, go after the payee for the money and due to governmental immunity you cannot sue them. This does mean that you would have to sue the payee to get your money back. Aldrich Legal Services, PLLC specializes in Family Law and if we can be of service to you please visit our website at aldrichlegalservices.com or call me at (734) 404-3000

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Answered on 8/26/09, 2:29 pm


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