QUESTION
Can you get back monies you have wrongfully been required to pay for child support.
Asked on Feb 06th, 2013 on Child Support - New York
More details to this question:
I have a court order to repay about 4.2k in support. I have been paying for 4 months now and just re-read my order and it states it is for arrears for 13 months. I have never missed a payment as I have it taken directly from my paycheck for the last 13 years. I am filing a support modification request, but in the meantime I have had my bank account seized and am planning on just paying off the complete balance to move on and be free of this whole situation. My main question is this, if I pay the entire balance off, can I then go back and show I never missed a payment and get that money returned to me? Should I wait to pay the entire balance until I get the support modification request on file? thanks for any suggestion.
1 ANSWER
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Richardson Legal PLLC
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Generally, yes you could be entitled to a refund. It is my experience that the Support Collections will apply overpayments prospectively to decrease or credit your account, rather than refund the money. It might take a long time (depending on the age of the child) to ever see a refund, if ever. It is hard to say whether it is worth getting access back to your account. You may be able to convince the SCU to unfreeze your account, particularly if you go in person and show them proof. Generally, SCU is easier to deal with in person than over the phone. Good luck.
Best Regards,
Morghan Leia Richardson, Esq.
Richardson Legal PLLC
31-08 Broadway, Suite 204
Astoria, New York 11106
www.RichardsonLegalPLLC.com
Tel: 212-537-6744
Fax: 212-574-3337
Answered on Feb 07th, 2013 at 3:59 PM