What recourses do I have ?

[hdpham2001]

Last year, California CS dept entered a Child support order against me based on my assumed income. That order was retroactive and became arrearage. A couple days ago, I was in court for CS modification and the court recalculate my 2003 income based on concrete Tax return, and we discovered that the previous order was overstated by almost $2,000 per month! My questions are:
1/ When I asked the court to give me credit on what I overpaid (based on incorrect income), the judge said that order was final and she could not revise it. Is there anything I can do to revise that arrearage, given it was computed based on false premises (proven in court by the new court order)?
2/ Can I sue the Child support dept for monetary damage due to their errors?
3/ What other recourses do I have ?

Thanks.

[mmrscupcakes]

What I have learned about CS is that if you have made an over payment, that over payment is applied to your arrears, so they would subtract that from what you owe.  You will never get back any money you over paid, untill you no longer pay CS.

I can not answer about sueing them, but I think you need to talk to an attorney, because that judge I believe is wrong.  If it was proven by child support enforcement  that your income was wrong, then they shouod adjust it accordingly.

and in reality--no court order is ever really final in any court--LOOLOLOLOL

[reagantrooper]

OH dont wory about the extra$$$ that you paid for X support ! opps, I mean child support.

I am sure she put it to good use and you can rest easy knowing that she used your hard earned $$$ in a good way.

You should be greatfull that you where allowed to pay her those extra bucks!! Based on the $$$ that you DID NOT earn!!!!!!!

At least you can take a tax deduction on the $$$ that you have paid her right ?

OOH geez I just woke up.

PAY PAY PAY PAY and CONTINUE TO PAY!!

Good luck to ya!!

[wendl]

Basically your screwed, what you should have done at the time cs was order at the higher amount was file an appeal and show proof of income. If you need not do that then that was the order.

With the new order the judge usually only goes from the date you filed or that he signs the order

**These are my opinions, they are not legal advice**