overpaid child support

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May 14

2009

Ask A Lawyer: Can I Get My Overpayment On Child Support Back?

Posted by pmcmahon in Richard Coffee , overpaid support , overpaid child support , Cordell Cordell, PC , child suport , Ask A Lawyer

Question:

I have been divorced for 16 years and pay $800 a month for child support. I just realized I have been paying too much. I write my "x" a $400 check every two weeks when I get paid and have been doing that since day one and never missed a single payment. The problem is I should only be paying $9,600 a year and have been paying $10,400 a year.

I have 5 months left until I am done with payments due to my daughter graduating high school. I know if I were paying too little I would have to make it up in arrears. I want to get that overpayment back. Can I do that?

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Feb 05

2006

Ask a Lawyer: Child support payment still being garnished

Posted by Dads Divorce in overpaid child support , Maintenance , income , IL , garnishment , emancipation , Child Support , Ask A Lawyer

Question:

My child support obligation ended years ago but is still being taken out of my paycheck. What do I need to do?

Answer:

File a Motion for Emancipation to terminate the order of child support. Make sure that the final order terminates the wage assignment as well. Also consider a Motion for Sums Due and Owing. I am not licensed in Illinois, but in Missouri, for example, it is the obligation of the parent receiving support to terminate the child support order. Therefore it is possible to recoup the overpaid child support.

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Ask A Lawyer: Can I Get My Overpayment On Child Support Back?

Ask a Lawyer: Child support payment still being garnished

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