Mistake on court ordered CS amount??

[Suzie]

Here is my situation :

2011 : got a court order to settle CS payment. We both agreed to settlement and signed.

Now, 2013, I have noticed a mistake : the amount of CS has been miscalculated by 100$ per month (over payment). What are the chances of getting this money back, considering I signed and agreed to the settlement back then.

Thanks!

[standing on the sidelines]

isnt your CS adjusted yearly?

[Suzie]

The CS is being ajusted now based on the 2012 income.

Can I go back and change the amount for 2011?

[standing on the sidelines]

In all honesty, I would just let it go. Talk to the ex and see if they are willing to work with you by giving the money back or some sort of payment plan. If they are not willing then it may cost more money to collect it (if you can) then it is worth.

[Berner_Faith]

Seems like the overpayment is $100 a month, so $1200 for the year... you are going to spend way more than that, trying to get it back, especially since you already consented... best to let it go and pay more attention in the furture.

[OrleansLawyer]

What are the chances of getting this money back, considering I signed and agreed to the settlement back then.

You have a court order on consent.

Was the number calculated in accordance with the guidelines? Does the Order specify that the child support is paid based on the guidelines, based upon your income X and their income Y? If so, how could an error have been made?

If you came up with the number and the Order says, "child support ZZZ to be paid monthly", then any argument for overpayment can be countered that the amount is outside the guideline amount and fair.

Short of the recipient parent handing the money over to you, I would be surprised if you have any recourse. Be more careful with numbers in future.