Legal Question in Family Law in New Jersey

Over paid Social Security for child support never returned

Before we married, my husband was paying child support and then later became disabled. While he was unable to work and awaiting his social security disability payments to begin, he fell behind in his child support payments. When he finally received his SS, of course the child receives a portion of that also, an overpayment of about $3000 was paid to the mother. Prior to receiving the payment, she was ordered by the court to return any amount over the arrears amount, however she did not, and a judge then said that extra money she kept ''would be used for any future arrears''. He has never been in arrears since. Is it possible for my husband to have that money returned to him? Why is she able to keep money that was, by court order, supposed to be returned?


Asked on 2/08/05, 8:42 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Over paid Social Security for child support never returned

While I don't think the Court will force the mother to return the money in a lump sum, I think the Court may be willing to reduce the amount witheld from each check over a period of time. For example if the current order is $300/month the court may require $200/month be withheld and that the amount overpaid be reduced by $100. This would of course take 30 months and you should receive some interest credit. I offer free consultations.

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Answered on 2/08/05, 10:01 am


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