Can I get a refund of child support payments?
Yes, in certain cases you may be eligible for a refund of child support payments in California. Generally, either parent may petition the court to modify or adjust an existing child support order. If a party can prove that an overpayment of child support occurred, depending on the circumstances, the court may order a refund of the payments. This could be the case if a parent made extra payments or an employer overpaid on behalf of the parent. The court will review any factors it deems relevant when determining whether a refund should be granted. In addition, if a parent has already paid a certain amount of money-either through a lump sum or regular payments-and the other parent is suddenly able to pay the entire amount off, the court may order the paying parent to refund part of the payments. This may be due to a rise in the other party’s income, for example. Additionally, if a parent has been paying child support for longer than the court-ordered amount of time, they may also be eligible for a refund of their payments. No matter the reason for the refund request, either parent may file a motion for modification with the court. In doing so, the court will consider the evidence and make a decision on whether or not the refund should be granted. As such, it is important to ensure that your motion includes all relevant facts and arguments in support of your case.
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