QUESTION
Living in Oklahoma can they request a lesser amount of child support to be withheld if Court order is through Missouri but Missouri has been overpaid?
Asked on Aug 13th, 2012 on Child Support - Oklahoma
More details to this question:
Our case is in Missouri but we moved to Oklahoma, we have an overpaid amount of $1300 in child support. Can Oklahoma request his employer to send a lesser amount of child support to them each month until our overpayment with Missouri is zeroed out? Missouri said that the money is just considered a safety cushion now unless we want to go back to court and have his ex pay us that money back (which would cost more money). Since Oklahoma is just a child support enforcement case and not a court ordered case are they able to send Missouri a lesser amount each month knowing they have that overpayment (safety cushion) to zero out that amount for us. We have been fighting this for 2 1/2 years and finally approved through the court to be back dated but now child support office in MO says they cant change the amount, they are required to withhold the amount approved by the court even though there is a big amount overpaid and should be able to credit that back to us. Can Oklahoma help us out??????
1 ANSWER
Unfortunately, because Oklahoma is just the enforcement state, it can only enforce what the Missouri Court has ordered. We have this same issue come up in Oklahoma because child support can be modified retroactive to the date of filing the Motion, but you have to pay the old amount until the final order modifying is entered. In these cases, I request the court to address the issue of overpayment in the Order Modifying to allow a recoupment over time by a partial reduction until recovered. At this point you have no choice other than to go back to the Missouri court for relief.
Answered on Aug 16th, 2012 at 4:02 PM