Question:
I have three children and one was recently emancipated, but I am still paying the same amount of child support.
Does this mean I can claim overpayment or do I just eat the payments I already made?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce laws where I am licensed to practice.
If you are subject to an existing child support order, it may be necessary to file a motion to modify your child support obligation due to your child’s emancipation.
The court will then determine the appropriate amount of your child support obligation for the two other children and issue a new order.
You can request that the modification be made retroactive to the date you filed your request, but likely not before that time.
You should not simply reduce your payments without modifying the court’s order by agreement submitted to the court for approval or without a further order of the court as this may result in you being found to be in contempt.
Child Support Laws:
Typically, overpayments of child support are considered gratuitous payments to the child unless there is an existing child support arrearage to which the overpayments can be applied.
However, it is possible to request a modification of child support retroactive to the date you filed your request to modify with the court.
Once a motion to modify child support has been filed, then these overpayments are not considered the same as an overpayment made prior to the child support modification filing.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.
