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  1. #1
    Join Date
    Aug 2005
    Location
    Tennessee
    Posts
    2

    Default Can overpayments be paid back?

    My husband had a garnishment taken out of his check for payments in the arrears and regular child support payments when he was behind on his child support payments. The amount taken out was supposed to be changed once he paid all arrears. We thought this would be done automatically. We recently checked to see when the arrears was paid off. The CS office advised that the arrears was paid off and that he overpaid by several hundred dollars. My husband makes less than $18000 year and I make even less, so this is a lot of money to us. Can this amount be credited back or applied to future payments? The CS office advised that they will change the garnishment to take out only the regular CS payments, but the amount overpaid is basically lost. Is this really true? I'm in TN

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,441

    Default Credit for Overpayment

    In a typical situation like this (although I can't speak for TN) you would get credit for the arrearage. You should consult a local family lawyer to verify the claims of the child support office, and to determine if it will be necessary to file a motion to get this corrected.

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