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  1. #1
    Join Date
    Nov 2009
    Posts
    1

    Default Overpayment Restitution

    My question involves child support in the State of: Tennessee

    I'm a father paying support and lost my job in February. I applied for a review of support the same day that I was laid off. My hearing is finally approaching in December.

    Assuming the new monthly amount is less than the amount I've been paying since the request of the review and completely eliminates any arrears I've accrued when made retroactive, am I entitled to restitution of overpayment?

    50% of my unemployment benefits have been garnished for the past 9 months. The amount overpaid would be quite significant.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Overpayment Restitution

    If your support is modified retroactive to the date of your petition, such that you overpaid, you should get a credit on your account. Depending on how the court handles that, you'll most likely pay no further support until your overpayment is exhausted, or pay partial support until the overpayment is exhausted.

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