The monthly amount of
child support doesn’t always stay the same over throughout the years you are required
to pay. Sometimes, it decreases or increases based on the needs of the
child. But if your old child support payment amount was higher, and you
accidentally pay the former price, does that mean you are able to get
the money back?
Unfortunately, according to a case in New York. In
Coull v. Rottman, a family court ruled it would violate public policy to allow the paying
parent to take a credit for future child support payments in order to
recoup the overpayments. Rather, the court ruled the noncustodial parent
paying support is only entitled to recover overpayment of the child support
payments against his/her share of the statutory add-on expenses.
The following are two types of child support add-ons:
- Mandatory add-ons – The judge is required to order a contribution
to the following as additional child support: (1) child care costs related
to employment or to reasonably necessary education or training for employment
skills and (2) the reasonable uninsured health care costs for the kids.
- Discretionary add-ons – The judge can also order a parent to contribute
to: (1) costs related to the educational or other special needs of the
children and (2) travel expenses for visitation.
If you’ve been overpaying for child support, there still a chance
you may be able to recover some of the money. However, it is imperative
to first consult with an experienced
family law attorney who can help you apply to the family court which oversees your
child support payments. Your lawyer will evaluate your case and determine
how you might be able to negotiate an overpayment. If you also need your
child support amount permanently modified, an attorney can help you obtain
one if you are eligible.
Hanson, Gorian, Bradford & Hanich, we are committed to helping you thrive after
divorce. With more than five decades of collective legal experience, we are dedicated
to protecting your rights and best interests in family court. No case
is too big or too small for our firm to handle. So if you are facing a
legal issue, put your trust in a firm with the experience, skill, and
history of success to help obtain the most favorable results possible.
For more information,
contact our Murrieta family law attorney and schedule a
free consultation today.