Are you paying too much for child support?
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Are you paying too much for child support?

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.

10 Comments to Are you paying too much for child support?:

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Curtis J on Saturday, December 17, 2011 6:49 PM
I have also paid too much in child support. I am a disabled vet and have just found out I have overpaid almost $35,000 since 2001. I live in Wisconsin and my ex failed to report she was receiving SSDI payments for my daughter and was also receiving the same cs from me as before I became disabled. Can I get this money back? Also what obligation does she have to report this to child support agency?
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Lane C on Friday, January 20, 2012 2:02 AM
Im currently in the middle of child support no order has been made but the amount is set for 406 dollars.. how do i lower it cause i am a good dad struggling to be around my son the mother cheated on me an ran an got the system involved and i have to deal with them an there taking my money away an keeping me from my son who is two hours away.. maby someone knows how i can approach this.. these people in child services don't want to bargain or here anything they just take what she says for gold an cash it in on me and its not fair i have to spend money to go too a court order that they force me to go too this is bull what kinda place is this.. they say they can deal with it over the phone but won't take the conversation too level of understanding to get that done its a set up system and is wrong.. any help or ideas would be great
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Regina Taylor on Saturday, January 21, 2012 10:04 AM
Solutions to your problem depend upon what state law controls your child support case. If you are in North Carolina,want to review how child support is calculated, and to review the child support worksheets for each type of custody, go to the North Carolina eChild Support site at https://nddhacts01.dhhs.state.nc.us/home.jsp?TargetScreen=WorkSheet.jsp. If you are not in North Carolina, your state may have a similar website or contact an attorney in your state.
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Hector Ramos on Monday, February 13, 2012 11:05 AM
To whom it may concern: Let me start by stating by the facts about myself. In June of 2001 I suffered a traumatic injury in which my right arm was crushed completely. After that injury I was unable to work and take care of myself. I found myself without any way of supporting myself and had to resort to living on the street. For several years I did not have any type of income from 2001 till 2005. I was fortunate to have the LDS church step in and help me find a place to live. With their help I managed to survive and get on Social Security Disability and it did take several years to complete this process. How is it possible that anyone can owe child support when you have no income? In 2007 I suffered a major stroke which left me paralyzed on my left side and I lost my hearing. With all of this said I am currently questioning my child support amount for Clara Ramos. Number one is I know that she is received $10,000.00 from Social Security when Clara’s mom filed for Social Security benefits at the beginning of the case. Clara is currently receiving $482.00 a month from Social Security. Clara is also receiving $625.00 a month from my check. Her monthly child support total is $1107.00. How is this possible? Yes she is my daughter and I do have a responsibility to her. In all fairness what is going on with this case. I feel like some has dropped the ball. The case resides in California!
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Shelia Smith on Tuesday, July 17, 2012 1:06 PM
Fathers have just as much rights as mothers and I am for that. What I am against is a father making false sexual abuse allegations against a mother to win his case. A father demanding 800.00 per month from a mother that only earns 1200 per month. A father that took the children just because he had a layer that used to be a judge to get custody of their children when the mother was not an abusive or neglectful mother. A father that does everything in his power to alienate a mom from her children. A father that insist on having her arrested for being only 2100.00 in arrears out of that 1200.00 per month income. Not wanting the children out of love, but just to hurt the mother. If that is what fathers rights are all about, then GOD help us all. The courts found the mother to be fit and loving, yet the father got full custody and his income is 3900.00 per month without the demanded 800.00 for child support. If this is what is means, then shame on any man or organization that seeks to break the hearts of these children. See Regrick Howard vs Valencia Howard in NC.
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Tuhinas on Sunday, October 14, 2012 3:36 AM
The information given in your site is very descriptive and informative. I love my child very much. I am supporting the paying for child because child is our future. We have to need care the child. Thanks
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Angel Ricky on Friday, October 19, 2012 2:45 AM
I've not faced that problem of too much paying for child support yet but whatever allocation you did here will come in handy for me whenever I will face it. Thanks for your wisdom.
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Vivian Leal on Monday, November 12, 2012 9:57 PM
My husband on his past relationships has two kids difrent moms he is now paying 600 for one and 300 for the other one a month but he gets paid Around 500 every 15days he called to make.appointmentz but they said he has to wait is there anything we can do about it...?
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Tammie Villarreal on Monday, November 19, 2012 9:58 PM
My husband and i have been married for 14 years. 2 years ago he got a letterfrom the attorney general, and they started taking 218.08 out of his check every week. Say he owes 79,000.00 in back child support. We cannot afford that. We are loosing everything we have. I am on disability for 2 different cancers, and we have a 10 yr. Old son together. We cant afford to hire an attorney. What can we do to get this lowered. Please help.
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Michael Fleming on Thursday, March 14, 2013 7:59 PM
I recently got a child support order in jan. 2013. The order actually started in Nov. 2013. My order is for 749.00 a month arrears included for my oldest daughter who is 17 years old. I also had a previous order of 320.00 a month for my middle daughter. My ex was on welfare with my oldest child for 2 years without my knowledge. The first month of starting this new order I paid over 1400.00 dollars . I called child support about my overpayment and they sent me a check for 403.00. They also told me that they would stop taking payments out of my PT JOB and that my order would be 484.00 every two weeeks from my FULL TIME JOB. I got paid three times so far in March 2013 and the payments continue with my pt job. What do I do to stop them from doing this month after month?
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