I was wondering if you get a support order varience and you win and all the arrears are gone and the judge says that there is nothing more she or he can do do you get the money you have paid over the years when the first order was done and can you get them back from the family responsibility office as that is where you paid all the arrears to in the first place or is that money now gone and you can't get it back but I feel you should be able to as the judge said all the arrears are now zero and you owe no money so all that money collected through them should come back to the payor

I know emotions sometimes get the best of people on here but that post is really hard to follow being that it is one run on sentence. So before I can give any realiable advice I'm going to ask a couple questions. 1)Why was there a support order varience? 2)Did you pay all of your arrears until you were current?
I ask these because arrears are just what you didn't pay when you already had a set order. Modifications don't generally change what has to be paid in arrears. The only times I have seen anyone owed money is if they are proven not to be the father and they are awarded their money back or they have over paid for whatever reason (both of which are very rare).

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Originally Posted by Bmacic565

I was wondering if you get a support order varience and you win and all the arrears are gone and the judge says that there is nothing more she or he can do do you get the money you have paid over the years when the first order was done and can you get them back from the family responsibility office as that is where you paid all the arrears to in the first place or is that money now gone and you can't get it back but I feel you should be able to as the judge said all the arrears are now zero and you owe no money so all that money collected through them should come back to the payor

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Agree with Stinawords - very hard to follow and I've never seen support ordered returned unless there was a fraud committed, for example, the mother KNEW the person paying support was not the father but collected anyway. With DNA I never understood how this happened, but -

If the Judge said there is nothing more to be done I would believe him/her. That's his/her experience and he/she knows the law in your area.

You may fee you should get it back but the Judge appears to have ruled that you cannot.

What we really need to know is what the decision actually was. If the arrears were caught up and there was a balance owed and dismissed then your not out anything so there are no damages against you. That means there is no money owed directly to you. If you have over paid then there may be damages against you and there are different ways of collecting it including the stoppage of current child support payments so long as those payments would not exceed the expected balance of support to be paid. Example.. if you were paying $300 per month in child support and there are 2 years left to pay for your child then the expected balance would be $7200. Now if you had made an over payment of $7200 or more then it might be possible to dismiss the child support. That doesn't release any co pays that are included in the support order as well as keeping your child's medical coverage up.

Hope that helps.