Legal Question in Family Law in Ohio

Recovering support payments made in excess of court documents

Divorce decree required I make payments for child support and spousal support of $X.XX per month. Due to administrative problem with my companies Payroll Dept, an excessive amount of money was paid to the Child Support Enforcement Agency from November 2000 through February 2002. The CSEA claims to have merely passed the overpayments directly to my ex-spouse. My ex-spouse claims to have never identified the overpayments. Once I identified the error, I corrected the monthly withdrawal. Unfortunately, approximately $2900 was overpaid in 2000 and $2000 in 2001. Since my ex-spouse refuses to address the overpayment, how do I approach the court to make her return the overpayments? I believe the Small Claims limit in Ohio is only $3000 which would leave me ~$2000 short. However legal fees and court costs for a full repayment may also be detrimental. Please advise on the best course of action.


Asked on 1/28/03, 7:02 pm

1 Answer from Attorneys
Stephen Daray Sciangula & Daray

Re: Recovering support payments made in excess of court documents

You need to file a motion with the divorce court asking it to determine any credit for overpayment of child support and and seek repayment from your ex. It is the only court that has jurisdiction to hear it. Call if you need any other help.

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Answered on 2/02/03, 12:02 pm


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