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child support overpaid

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freeadvicehelp

Junior Member
What is the name of your state (only U.S. law)? California.

I have a son who will be 10 year old in August 2011, we live in California, Orange County. I have an order to pay child support since 6/2002. Since the last 7 years, exactly, I have overpaid my support by $38,137.54. In my state how am I able to recover this money?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? California.

I have a son who will be 10 year old in August 2011, we live in California, Orange County. I have an order to pay child support since 6/2002. Since the last 7 years, exactly, I have overpaid my support by $38,137.54. In my state how am I able to recover this money?


We need to know why you think the support was overpaid.

It matters.

(For example - if he was living with you all this time and you simply didn't file to modify the original order, you may be out of luck...)
 

freeadvicehelp

Junior Member
Child Support overpaid

I had an court order to pay $270 per month and have paid more to the mother (which I have never been married to) each month by transfering the money from my account to her account at the same bank. I have all bank statments showing my account number with a tranfer of funds to her account showing her account and her full name. The court order from 6/2002 only gave me 2% time with my son, but immediately the mother gave me 43% time with my son after that court order. I have had my son 43% of the time since then and just went back to court on 11/2010 and got a court order to reflect this time with half legal custody and half physical custody with the mother having primary physical custody. I hope this information is enough to answer my 1st question: In my state how am I able to recover this money?

My 1st thread:
I have a son who will be 10 year old in August 2011, we live in California, Orange County. I have an order to pay child support since 6/2002. Since the last 7 years, exactly, I have overpaid my support by $38,137.54.
 

CourtClerk

Senior Member
Are you saying that you have been VOLUNTARILY giving mom money aside from the money you're ordered to give her?

Or are you saying that between the time that you had an order that gave you a 2% timeshare and the time you modified your support to reflect a 43% timeshare you overpaid?
 

freeadvicehelp

Junior Member
I only have one child support order from 6/2002, which is 270.00 a month. To get the time with my child over the 2% time from the court order I felt I had to pay her more money. I was 110% uneducated on law back then and would transfer funds, which I can prove that I paid her, to get the extra time with my son. The extra time she gave me would equal out to a total of 43% time. I have had the same schedule since 2002.
 

Proserpina

Senior Member
I only have one child support order from 6/2002, which is 270.00 a month. To get the time with my child over the 2% time from the court order I felt I had to pay her more money. I was 110% uneducated on law back then and would transfer funds, which I can prove that I paid her, to get the extra time with my son. The extra time she gave me would equal out to a total of 43% time. I have had the same schedule since 2002.

So you voluntarily gave her more money in order to get more time with your child?

I might be missing something here..but what makes you think you're entitled to get that back?


:confused:
 

freeadvicehelp

Junior Member
I think there is confusion about my question. I am not looking to get it back, I am trying to see if everything I am told online is correct. Online it is telling me I can get my future child support offset. Are you an attorney or a paralegal or something else?

Thank you for your help.
 

Proserpina

Senior Member
I think there is confusion about my question. I am not looking to get it back, I am trying to see if everything I am told online is correct. Online it is telling me I can get my future child support offset. Are you an attorney or a paralegal or something else?

Thank you for your help.


You initially asked how you could "recover" the money which indicates you want to get it back.

Ok, now that's been clarified...you may find that anything you've paid over the ordered amount is considered a gift.

But, CC is the expert. So I'll defer to her wisdom :)

(For what its worth, there are only a couple of attorneys who actually post to the Family Law Forums - I am not one, nor am I a paralegal. Court Clerk does however work in the LA family court system - heed her words!)
 

freeadvicehelp

Junior Member
You are saying any amount over the amount ordered is a "gift", then why am I hearing from people that are having their wages withheld and too much is being withheld, that they are able to have the overpaid amount offset the future payments owed?
 

Proserpina

Senior Member
You are saying any amount over the amount ordered is a "gift", then why am I hearing from people that are having their wages withheld and too much is being withheld, that they are able to have the overpaid amount offset the future payments owed?

...likely because one is an administrative or court action, and the other is a voluntarily payment.
 

CourtClerk

Senior Member
You are saying any amount over the amount ordered is a "gift", then why am I hearing from people that are having their wages withheld and too much is being withheld, that they are able to have the overpaid amount offset the future payments owed?
Because people can't be MADE to pay more than what the court orders them to pay. However, this isn't your case. You VOLUNTARILY gave her money, which you are ALLOWED to do, but you can't THEN ask for an offset just because you want it. That's not how it works.

BTW... money doesn't equate to time. You can't say X amount of dollars is worth this much time. Doesn't work like that either.
 

Proserpina

Senior Member
Because people can't be MADE to pay more than what the court orders them to pay. However, this isn't your case. You VOLUNTARILY gave her money, which you are ALLOWED to do, but you can't THEN ask for an offset just because you want it. That's not how it works.

BTW... money doesn't equate to time. You can't say X amount of dollars is worth this much time. Doesn't work like that either.


(Thank you :) )


So am I right in thinking that this would likely be - as with many similar situations - considered a gift rather than an overpayment?
 

freeadvicehelp

Junior Member
Countyclerk, thank you for your input. I was not calculating time with money, I just subtracted the money I paid extra for the last 7 years from the amount I was ordered to pay and this is what the calcultion came out to be.

If I do or don't get any money offset, I am not worried, all the money in the world can not replace the time that I have had with my son.

Also, thank you too Proserpina.
 

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