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 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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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

2 comments on “Can I Be Reimbursed For Overpaid Child Support?

    I have been overpaying child support since 2016 because the mom did not report it to social services as a extra income and she didn’t because she knew child support would have been canceled.

    they say I overpaid $14,000 in child support because she didn’t do the paperwork saying that you were married so he has stopped it and sending me checks and then they just told me that they send me a check I have never seen and that I have overpaid $14,000 and how can you play me something and not all

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