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Child Support Overpayment

November 20, 2019 By moderncourts

Ryan is the custodial father. He obtained custody after an ACS case against mother. After obtaining custody, father moved to terminate the Order of Support he was paying mother and establish a new Order of Support against mother. The case dragged on for close to a year, as most of these cases do, and in the meantime father continued getting his support payments garnished every two weeks. When the Order of Support was finally terminated, father had paid mother child support for a period of time (more or less 6 months) that she did not have custody of  the child. Family Court could not address this overpayment, and father was left with filing in small claims court for the overpayment.

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