When was the last time that you actually read your child support order?
Recently, I came across this interesting set of facts involving child support. Apparently, the father paying child support had mistakenly overpaid his obligation by almost $6,000. Can you believe it? Like most people who are ordered to pay child support, he filed the order away after it was entered. He didn't look at it again because the support amount plus a definite amount set by the court for his arrearage was automatically deducted from his pay. The ex-wife receiving support was happy or shall we say did not complain because she was receiving her support for the couple's children. No one thought there was a problem.
Fast forward 7 years to 2011, the father now retires and begins to receive social security. Each of the children receive a check from social security which is almost 6 times the amount of the child support. He asks the court to terminate his child support order. Ex-wife objects and asks to be reimbursed for unpaid medical expenses for the children. When I reviewed the child support order and calculated how much had been paid over the past 7 years towards the arrearage, I discovered that the father had satisfied payments towards the arrears 5 years ago in 2006, but it was still being paid. Ex-wife had received more than $6,000 too much.
The court of course terminated the ongoing child support and gave the father credit towards the unpaid medical bills for the amount of his overpayment. All of this because he had not read the original court order since it was entered. The moral of this story is that it can't hurt to review these documents from time to time whether you are the one paying support or receiving support.
Of course, nothing in this account is intended to be legal advice or a promise of an outcome in your situation. However, if you have a specific legal question or issue, you should consult an attorney.