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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> overpaid support
Feb 11
2010

Ask a Divorce Lawyer topics for Feb. 11: Garnishments; how long does alimony last; grandparents' rights; overpayment of child support; discrimination; leaving the country

Posted by Matt Allen in William Halaz III , Steven Lee Akins Jr. , overpaid child support , Nancy Shannon , medical , Maintenance , Jennifer Paine , Jason Bowman , grandparents , garnished wages , expenses , Erica Christian , Cordell Cordell, PC , Child Support , Ask A Lawyer , alimony , alcohol

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

  • How can I lower the amount of my pay that is being garnished?
  • How long do I have to pay maintenance?
  • As a grandparent, can I fight for custody of my granddaughter?
  • What if we aren't asking for child support from each other?
  • I've discovered the original child support calculation from 2005 was in error by over $100 per month. What can I do?
  • Can I file a lawsuit against the Friend of the Court or the state for discrimination?
  • Is there a law stating that either party in a divorce cannot be taken back to court until two years have passed?
  • Can my ex, who has custody, leave the country with our child without my permission?
  • What is the law concerning reimbursement of overpayment of child support?
  • Does a smoking and drinking parent have less chance than a non-smoking, non-drinking parent at retaining custody?

 

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?

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.