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?
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.
Child Support Laws:
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.