Due to a change of custody, my child support order was modified to a much lower amount.
It was granted and supposed to go in effect a month retroactively, but the child support agency is still garnishing my wages at the original amount before it was modified.
How can I get the modified child support enforced, and is there a way to recoup the overpayment of support for this month?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New Jersey divorce laws where I am licensed to practice.
My first suggestion would be that you contact the particular individual at the child support agency handling your child support account and provide him or her with a copy of the court order modifying your child support obligation.
You need to do this immediately so that the wage garnishment can be adjusted in accordance with the court order that reduced your child support obligation.
Where I am licensed to practice, we would also file a motion to enforce the order that was most recently entered.
In terms of the overpayment of support, you could ask the court to compel your former spouse to reimburse you for the overpayment of child support.
Alternatively, you could ask the court to enforce the order modifying support and apply the overpayment of support towards your account, which would result with you receiving a credit.
Further, you can also request that CSS perform an audit of the account in order to calculate the credit that will be applied to your account.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.