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    Tanker_Master's Avatar
    Tanker_Master Posts: 2, Reputation: 1
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    #1

    Jan 2, 2010, 03:26 PM
    Will I get restitution for paying too much child support
    I worked at a job making almost $1600. A month. I have been paying her every 2 weeks. I was laied off that job and now work a part time job making almost $800. A month. She is still making me pay the full amount until the courts say otherwise. I am about to lose everything I have worked so hard for just to keep up with the payments. The court date is almost 5 months away. Will she have to pay back anything overpaied.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 2, 2010, 03:29 PM

    What State? Have you applied for a reduction due to hardship? Five months seems a very long time to wait in this type of situation.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 2, 2010, 03:41 PM

    Yes, 5 months does not sound right, 5 weeks maybe,

    But very likely no, it will not change till thecourt date. If it does, you can't expect to be "paid" back only credit given on future support at the most.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Jan 2, 2010, 04:26 PM

    Who is taking the money and how are they taking it ? There are federal limits on how much they can take from you and if those are being exceeded it may be possible to adjust with a 5 month wait and go into arrears then have those arrears dropped due to hardship.
    Tanker_Master's Avatar
    Tanker_Master Posts: 2, Reputation: 1
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    #5

    Jan 3, 2010, 12:50 AM
    What State? Have you applied for a reduction due to hardship? Answer: KY and No I didn't know I could apply for a reduction. I will try that on Monday


    Who is taking the money and how are they taking it ? Answer: Wife is taking the money from my hand in a check form.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jan 3, 2010, 08:00 AM

    Who applied for the hearing which is scheduled for 6 weeks from now and why? If you didn't file your "ex" must have. She applied for a reduction? Makes no sense.

    Yes, by all means apply for a hardship reduction.

    From what I read of Kentucky law there is no reimbursement (which I think you mean, not restitution) for overpaid child support. It appears that support is owed in the amount ordered until that order is changed by another order - it is/was your responsibility to file for the change and your failure to do so does not cause you to be credited for the overpayment.

    It is also interesting to note that the site for fathers paying support encourages the use of an Attorney and this is not always the case. Apparently Kentucky law contains a very inflexible formula for figuring child support. Kentucky Child Support Laws
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