The Connecticut family court system dictates the amount of financial support a noncustodial parent is obligated to pay to the custodial parent on a child's behalf. Should a parent experience a substantial change in financial circumstances, modifications to child support agreement can be possible, but must be made by formal petition through the courts. Informal changes made without the knowledge or consent of the court can lead to missed payments, interest accrual and legal intervention. But what happens when a parent's paycheck is garnished for payments after the child has become emancipated?
A father in another state learned that child support payments were still being taking out of his paycheck, even though his child had turned 18. When he contacted the agency responsible for the garnishments, he was told that his case was closed and the payments would be returned to his employer that would, in turn, return them to him. This was back in July 2017.
Frustrated after repeated dead ends with the state agency, the father contacted a local news station that then began to investigate on his behalf. Reporters soon learned that the state owed the unsuspecting father more than the $290 he thought he had overpaid. In fact, the state owed the man over $1,500 due to what it claimed was a human error. The state also admitted that the only reason the state could issue the refund was because the custodial parent had not received the payment.
Child support is a means for a noncustodial parent to financially support his or her child until the child is emancipated or fulfills any other stipulations in the child support order. With child support being a significant issue within the court system, oversights can happen. Recouping the costs of overpayments made can prove to be frustrating and time-consuming. Should the payments have been released to the custodial parent, the issue would likely have to be resolved in civil court. With the aid of a Connecticut attorney, those who believe they have made overpayments with regard to child support may be able to file a claim and recoup the money.
Source: wpri.com, "After months of over-payments, man receives refund check from state", Susan Campbell, Feb. 6, 2018