Can I Get Back Child Support I Should Not Have Paid?

 Posted on December 20, 2024 in Child Support

Child support is intended to ensure that children receive the financial resources they need after their parents separate or divorce. However, mistakes can happen, and some parents may find themselves paying child support that was miscalculated, unjustly ordered, or otherwise inappropriate. 

If you believe you have paid child support in error, you may wonder whether you can recover your money. The answer depends on the specific circumstances in question. Consulting an Illinois family lawyer is essential to understanding your options and protecting your rights.

When Does Child Support Overpayment Happen?

Several scenarios can lead to wrong or excessive child support payments. For example, overpayment might occur if you discover you are not the biological parent after already paying support, or if your payments continued after your child reached adulthood or became emancipated. Errors in calculating support or delays in modifying a child support order after a change in circumstances can also lead to overpayment.

In some cases, fraudulent misrepresentation by the other parent — such as providing inaccurate information about their income or custody arrangements — may result in a child support order that is higher than it should have been.

Recovering Overpaid Child Support in Illinois

While recovering overpaid child support is possible in some cases, Illinois courts generally prioritize the child’s welfare and use of the support over reimbursing the paying parent. Courts may allow recovery under limited circumstances, such as with payments that were made after the child support order officially ended, when the child reached the age of 18 or graduated from high school.

Even when overpayment is clearly documented, the recovery process can be challenging. If the funds were already used to support the child, courts are often reluctant to issue refunds, especially if the support payments were made in good faith under a valid court order.

What About Mistaken Paternity?

A common question arises when a father learns he is not the biological father after paying child support. In Illinois, even in cases of mistaken paternity, courts rarely require repayment of child support already paid. The rationale is that the payments were made for the child’s benefit, regardless of biological ties. However, an attorney may still be able to help you address ongoing obligations to ensure they are terminated moving forward.

What Should You Do If You Overpaid Child Support?

If you believe you overpaid child support, the best course of action is to document the overpayment and consult with a knowledgeable family lawyer. A lawyer will:

• Review your case and assess whether the overpayment is recoverable under Illinois law.

• File the appropriate motions to address overpayments or adjust future payments.

• Represent your interests in court to ensure a fair resolution.

While recovery may not always be possible, a skilled attorney can help you navigate the legal system and protect your financial rights. Do not stop making payments or hold current payments even if you are sure you overpaid. You could get in serious trouble for nonpayment. 

Contact a St. Charles, IL Overpaid Child Support Attorney

If you have paid child support in error or believe you are owed a refund, a Kane County, IL child support lawyer at Weiler & Associates, Inc. can provide guidance. Call 630-331-9110 today to schedule a consultation and learn how we can help you address this challenging issue and get a fair resolution.