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  1. #1
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    Default Statute of Limitations in California to Collect Overpayment of Child Support

    My question involves a child custody case from the State of: California

    Is there a statue of limitations in CA to collect Overpayment of child support once the case is closed?

    Thank you in advance for your response/s

  2. #2
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    Default Re: Statute of Limitations in California to Collect Overpayment of Child Support

    It will be easier to provide you with useful information if you provide some background facts/context.

    Who exactly would be collecting this overpayment and from whom would it be collected?

    What does "the case is closed" mean?

    When did the events relevant to your question occur?

  3. #3
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    Default Re: Statute of Limitations in California to Collect Overpayment of Child Support

    California Child Support garnished from my Ex's paycheck for child support arrearages but They took too much and now I owe him repayment. He is trying to collect them from me now. The Child Support case is closed. Some states the person can sue to get back the overpayments within 24 months AFTER the child support case is closed, which it's been longer than that. I wanted to know what California Statute of limitations is for this scenario.

  4. #4
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    Default Re: Statute of Limitations in California to Collect Overpayment of Child Support

    Quote Quoting Rogo
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    California Child Support garnished from my Ex's paycheck for child support arrearages but They took too much and now I owe him repayment.
    Who told you that you "owe him repayment"? That the child support enforcement folks took too much from his paycheck(s) is between him and them.


    Quote Quoting Rogo
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    He is trying to collect them from me now.
    Trying how? Is he doing anything more than asking you to give him money?


    Quote Quoting Rogo
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    Some states the person can sue to get back the overpayments within 24 months AFTER the child support case is closed, which it's been longer than that. I wanted to know what California Statute of limitations is for this scenario.
    In my prior response, I asked you a question relevant to your inquiry. Unfortunately, you chose to ignore that question: When did the events relevant to your question occur? More specifically, you have now written that the child support authority "took too much" "from [your] Ex's paycheck" (singular). Was it only a single paycheck? If so, what was the date of that check? Or were there multiple checks? If so, what were the dates of the checks? And how much money is at issue?

  5. #5
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    Default Re: Statute of Limitations in California to Collect Overpayment of Child Support

    Child Support enforcement is not taking responsibility and says he can sue me for it. We have already had a hearing in family court, the judge threw it out because it a civil matter now not a family court one because the child support case is closed. We use to live in California the child support order is dated 1985 in California, He just finished paying me arrearages but now there's a large overage balance in 2016. I live in AZ now. Yes, I have an audit LA CS did one. They garnished all monies because he never paid of his own volition. It's a California case since that's the only order on file, if it was an AZ case he would have had 24 months from the date the case was closed 2/2017 to sue. I wish Los Angels CS would take responsibility.

  6. #6
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    Default Re: Statute of Limitations in California to Collect Overpayment of Child Support

    Why would you not have reported you were receiving too much? Did you think you hit the lottery or the money tree had extra fruit for you? There are two issues; what is legal and what is right. Why do you not repay him? You obviously went after him when he paid too little. Yes, he was remiss in not tracking the amount withheld better.

  7. #7
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    Default Re: Statute of Limitations in California to Collect Overpayment of Child Support

    Quote Quoting Rogo
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    Child Support enforcement is not taking responsibility and says he can sue me for it. We have already had a hearing in family court, the judge threw it out because it a civil matter now not a family court one because the child support case is closed. We use to live in California the child support order is dated 1985 in California, He just finished paying me arrearages but now there's a large overage balance in 2016. I live in AZ now. Yes, I have an audit LA CS did one. They garnished all monies because he never paid of his own volition. It's a California case since that's the only order on file, if it was an AZ case he would have had 24 months from the date the case was closed 2/2017 to sue. I wish Los Angels CS would take responsibility.
    You are still a little confusing. You state that he just finished off paying the arrearage, which would indicate sometime in the last couple of months, but you say that the overage is from 2016.

    So far, I haven't found anything that addresses a statute of limitation for that in CA, one way or the other.

  8. #8
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    Default Re: Statute of Limitations in California to Collect Overpayment of Child Support

    yeah the entire case is weird. My children are 39 and 38 years old and he just finished paying child support in 2013 although payments did not stop until the end of 2016, I know this from the recent audit. The audit shows the overage started in 2013 but the LA CS did not stop taking money from his check until end of 2016. In my opinion, if anyone's responsible it would be LA CS and my Ex for not knowing this.

    I couldn't find anything about a statue of limitation for CA either. Thanks for checking.

  9. #9
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    Default Re: Statute of Limitations in California to Collect Overpayment of Child Support

    And you still haven't answered my question...

    However, given your statement that "the child support order is dated 1985," then the child can have been born no later than 1985, which means he/she turned 18 no later than 2003. Under California law, for a non-disabled child, support is potentially payable until the child turns 19, so it seems like we can safely assume that the last payment at issue occurred no later than 2004.

    If that's right, then the applicable statute of limitations expired over a decade ago, so any lawsuit your ex might file should be both easily defendable and subject to sanctions as a frivolous suit.

    Quote Quoting Rogo
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    My children are 39 and 38 years old and he just finished paying child support in 2013 although payments did not stop until the end of 2016, I know this from the recent audit.
    So we're talking about arrearages?

    That changes things significantly. The applicable statute of limitations is likely the three year SOL under section 338 of the Code of Civil Procedure (applicable to claims of fraud, mistake, unjust enrichment, etc.).

  10. #10
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    Default Re: Statute of Limitations in California to Collect Overpayment of Child Support

    thank you PJ1067!

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