Family Law Questions? Ask a Family Lawyer Online.
He can take you back to receive the money with interest. In california legal interest rate is 10% per year. If he was late or did not make a payment, you can apply that payment towards any back owed payment
Is there a statute of limitations he has in order to request the overpayment? And why wouldn't the garnishment stop on the date the court ordered?
no there isn't he can come back after you. Because the payroll department isn't required to stop it, he needs to notify them, this is pretty normal actually.
But if he screwed you over, what do you mean by that?
It was a back and forth child custody hearing between one of our children. In the end, a CA judge ordered my son to leave his sister and I (against his will - and against the family court counselor) to move to CA. He immediately stopped child support payments for him. Then after a year of back and forth, my son was able to come back. He never increased his child support and kept it as if our son was still living with him. Then in March he agreed to increase the child support for 2 children, cutting off the our eldest daughter (who had a chronic terminal illness) in Sept (she turned 19 in July and graduated from HS in June). Our daughter died in October, and again, the garnishment was accidentally kept in force in October (even though there was a court order) and he demanded October's money back (two days after she died). I paid that, seethingly. I am angry this overpayment happened because it isn't my fault it happened and he loves to stick it to me. I just feel like I would rather give the 500 to my son for college instead of give it back to my ex. And isn't it his responsiblity to notify payroll. He had a well over a year to do that. Why should I be penalized for his mistake?
I understand your frustration... However, if you are not owed back support, then you legally should not keep the support amount. If you wish to keep it, you can I can't force you to give it back. I am just advising you that he could potentially file a motion to have the money given back with interest eventually, but for $500.00 he would probably incur more in attorney fees and court fees...
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).