Did you pay a child support overpayment and hope to get money returned? It might be difficult. Watch this video to learn how our attorneys can help.
Question:
Can you get overpaid child support back?
Answer:
We often have clients ask us if they can get a refund on child support that was overpaid.
The general answer in New York State is that, no, you cannot. There is a public policy position in New York that prohibits a court from allowing a clawback or a refund back for support that’s been overpaid. If we were in court, for example, on a modification petition, we would ask the court to issue a temporary order that protects that payment stream so that, if there is a reduction in support down the road, there will be a refund or a clawback on the funds that didn’t have to be paid because of the reduction. Without that order, the court generally takes the position that it is powerless to order a refund.
If your marriage is dissolving and you have children, you may be wondering about child support overpayment. Contact our experienced Saratoga child support lawyers at Jean Mahserjian, Esq., PC today to schedule a confidential consultation and case evaluation. Let our experience work for you.
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