Is it hard to get child support refunds?

While many child support cases in British Columbia involve people who have not paid enough, there are also cases that work the other way around, where one person thinks he or she has overpaid on the support and would like to get some of that money back. Though refunds are possible in some cases, it should be noted that it is in fact very hard to get them.

Naturally, one tactic to getting a refund is simply asking the other parent to give some of the money back. If he or she agrees to do so, you can get the money without going to court. In situations where this is not possible, court orders are needed.

The problem with court orders is that the court is quite reluctant to give them to people unless they are really necessary. If part of the blame is on you, the court will not give you the refund.

For example, the payments are tied to your income. If you lost your job or saw a reduction in pay, you could end up paying more than you can afford if you didn’t update the court regarding your financial situation. You would still pay at the level set when you were making more money.

While this could be an overpayment, the court puts it on you to provide these updates. Failing to due so is not going to be an excuse that will get you a refund in most cases.

If you would like to seek a refund, you need a very good case, and you must know every single legal step to take to give yourself the best possible chance.

Source: FindLaw Canada, “Can I get a refund on child support overpayments?,” accessed July 23, 2015

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