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What papers do I file to get back child support overpayment in NJ
Anonymous2 views4 answers
My husband recently succeeded in emancipating his daughter in New Jersey and the judge emancipated her retroactive to June 1, 2012 which has generated a child support credit in the amount of $682.00. The Child Support Dept advised us that they cannot help us get that money back as it has already been given to the custodial parent. We contacted Soc. Sec disability and her former employer and they both advised that with the proper paperwork they will indeed garnish her disability payment for the money as well as her pension check. What paperwork do we file in order to get the proper paperwork for Soc. Sec and her former employer? Thanks for your help.
I don't think whoever you spoke to at the SSA fully understood the situation. While the general rule is that you're entitled to be paid back for support paid after emancipation, what you're receiving isn't child support - it's a debt from the custodial parent to you. SS benefits can't be garnished for a regular civil debt like this. Pension may (or may not) be a separate issue.
What you need is an order from a family court judge directing her to pay and not simply entering a civil judgment in your favor. If that's all they do, it can be tough to enforce a judgment - you can try levies, etc. After the judgment is entered, call or stop by the courthouse and speak to the constable. They get a % of what they collect, so they're generally motivated to assist you.
Your best bet would be to file a motion seeking to have the court ordered her to pay the over payment to you directly. New Jersey judicial website will have forms for you to fill out. http://www.judiciary.state.nj.us
Retroactive emancipation does not automatically result in a custodial parent having an obligation to reimburse or return child support that had been "overpaid." First, you would need an Order entered by the Family Court directing that in addition to the retroactive emancipation that child support was similarly retroactively terminated (and the Judge who is willing to retroactively terminate child support can/should direct how such funds should be returned to you).
