Can I Be Reimbursed For Overpaid Child Support?

child supportQuestion:

My daughter reached the age of emancipation six months ago but my wages are still being garnished. How do I go about getting reimbursed for the overpayments?

Answer: 

Please be advised that I am barred in Pennsylvania and will answer your question based on my expertise and experience in Pennsylvania.

In this state, the Domestic Relations Section will send an emancipation inquiry once the child has turned 18 and, unless the plaintiff supplies support for continued support, the court will administratively dismiss child support.

Philadelphia Divorce Attorney Jaimie Collins
Philadelphia Divorce Attorney Jaimie Collins

If the court fails to do so, the defendant can file a petition to terminate support. If child support has been paid past the date of emancipation, the burden is on the defendant to initiate a court action against the plaintiff to seek reimbursement for the amount paid past the date of emancipation.

You should schedule an initial consultation with an attorney barred in your state at the earliest opportunity to discuss the facts of your case and your options further.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Jaimie Collins, contact Cordell & Cordell.

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