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My child is 21, how can i get back an overpayment in child support?
Anonymous2 views2 answers
My NYS DCSE sent me a letter that i was $120 in arrears and current support order is $0. They (DCSE) sent a letter to my job to garnish $241. I called and was told that they'd send me a refund for the $120 that was over paid(that was over 2 weeks ago) . The dcse also told me on the phone that it would take a "few" weeks for them to close the case. In the meantime they have not sent a letter to my job to stop garnishing my pay.
You should immedeately file a petition in family court so that they will stop taking out money and hold whatever is taken if they are not doing so already.
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You should first try to go directly to your employer with your court order and letter stating that your current order is $0 and that you are no longer in arrears. You can ask your payroll department to stop garnishing money from your paycheck. If they agree, your problem is solved if your support order does not require support past the age of 21. Most court orders terminate when a child is 21, however sometimes the non-custodial parent will agree to pay child support past the age of 21 if the child is attending college.
Good luck.
If your employer will not agree to immediately cease garnishing your paycheck, you must go to Family Court to request that the order be terminated.
