Garnished Wages and Overpaid Child Support

child supportQuestion:

How do child support laws handle the wage garnishment termination for past due child support?

I have paid off my child support arrears in whole. Yet, I continue to have money taken out of my paycheck via wage garnishment to the point that now I have overpaid my child support obligation by several thousand dollars.

How can I cease the wage garnishment and collect the overpaid child support?

Answer:

This answer only includes general divorce help for men since I am only licensed to practice in Indiana and am thus unable to provide any legal advice on divorce on the child support laws in other states.

There are a few answers to your question that a conversation with a divorce lawyer for men can help you answer.

Essentially, a Termination of Income Withholding needs to be issued from the court that ordered the Income Withholding in the first place. I am curious as to whom the money is going, your ability to recover the funds, and if there is an ongoing child support order that should continue?

The reason I ask these question is your ability to recoup the overpayment. If the money is to reimburse the state for aid given to the custodial parent and you have come current and now are overpaid, the state may issue you a check for the balance and a new Withholding Order issue.

If you are paying current support and an amount towards an arrearage which has been paid off to a custodial parent, a modification of child support would likely be the appropriate remedy.

In essence, a modification of support can cause a new Withholding Order to be issued in the correct amount and any overpayment can be reserved for future shortcomings or reimbursed as a reduction below the current support amount until the arrearage is exhausted, at which time a new Withholding Order should issue in the correct amount.

Getting a lump sum payment from a custodial parent is often more difficult as they would have spent the extra funds and would not likely have them available.

I would suggest you consult an attorney with the complete circumstances of your case and he or she will be able to help you determine not only the best way to stop the overpayment, but also how or if you should try and recoup the funds.

Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of fathers rights and financial advice on divorce, I urge you to contact a family law attorney.

To set up an appointment with a Cordell & Cordell mens divorce attorney, including Nathan A. Hacker, an Associate Attorney in Indianapolis, please contact Cordell & Cordell.

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3 comments on “Garnished Wages and Overpaid Child Support

    I have a letter from CS dated Feb 1 2011 saying I owed 10,039.00 in back support as all my children were of age no more should have been added so I`ve paid 192.00 a month since than and the math says I`ve paid 15,168.00 on the 10,039.00 on back support and that if my math is correct it is an over payment of 5129.00 how can I stop them from taking more from my checks and can I recover the over payment ?

    Hello” How can I get reimbursed for over payments of child support, even when my children are grown? I now receive SSDI, and child Support Payments are coming out of it I didn’t know they can do that, how can a man survive? I am an ambitious person love my wife and children we are together today, me and my wife stay in contact with them daily. I am also working light work part time, and the vampires are sucking the life out of me, I have received no statements not informing me of what I owe if any thing; I know i have paid many times over.The State of Chicago Illinois is where we used to reside;we now reside in Minnesota since November of 2013,please help me.

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