The court is considering a motion for the repayment of overpaid child support. The plaintiff argues that the child support calculation was based on incorrect information, resulting in a significant overpayment over the years. The defendant, Miss Shelton, is described as knowledgeable about child support calculations and should have realized the error in the amount she received. The plaintiff is now seeking a court order to determine how the overpayment should be repaid, as previous attempts to resolve the issue have been unsuccessful. The plaintiff feels stuck in a situation where he has overpaid child support to Miss Shelton for years without any means of recovering the excess amount.
Mom was working part-time when the child support order was initially calculated. They notified the court that they would not be working over the summer due to school. When they returned to work full-time, they submitted documentation of their increased income. The other parent's income changed, leading to a recalculation of child support. The court ruled in favor of Dad and ordered repayment of an overpayment of $6,891. The repayment will be made over the same time frame that the overpayment was collected. The court denied the request for attorney fees.
In the second case in this video,
The plaintiff, Dad filed a motion to set aside a referee recommendation in court, claiming that the defendant, Mom was earning more income than previously stated. During a hearing on October 22, the plaintiff admitted to not presenting evidence concerning the defendant's income on time, leading to a lack of contradictory information. The court suggested asking for an adjournment to gather necessary evidence. The plaintiff mentioned a discrepancy in medical insurance payments and was advised to provide information for potential modification. The court ultimately denied the motion but suggested filing again with new evidence. The plaintiff also inquired about a backdated modification that resulted in arrears, but the court explained the risks involved and upheld the referee's correct actions.
Plaintiffs motion for repayment for overpayment of child support
Some courts in Texas refer to the overpayment of Child Support as "future pay"
In Michigan both parties' income is considered for the calculation of Child Support, so by Mom using a lower income ($15,000 per month instead of $50,000 per month) increased the child support she was receiving
Michigan imputes unemployed parents at $15 per hour...
Child support arrears of $7,000 would accrue an interest payment of $35 per month
Motion set aside referee recommendation
Mom underreported her income
Child support is money paid by one parent to the other parent for the purpose of providing financial support to a child or children. Most frequently, child support is paid by the non-custodial parent to the custodial parent, but this is not always the case. Depending on where you live and the agreement you reach, the child support you pay or receive and what expenses it should cover will vary.
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15 апр 2024
