3 replies to this topic

[miribird6]

My boyfriend pays child support and also carries health insurance coverage per his court order. Upon reviewing the order we've noticed 50% of the insurance premiums are to be deducted from his monthly support. We emailed the caseworker and she said she'd apply an adjustment of $87 per month, and that's great, however, he's had this coverage for six months. This works out to over $500 in overpayment. Is there a remedy for this? Can he ask for a credit? We live in South Dakota.

[Ted_from_Texas]

He can ask for anything he wants. However, support payments made in excess of the amount ordered in the parenting plan are generally treated as voluntary gifts and not subject to reimbursement. Your boyfriend presumably knew (and certainly should have known) what was in the support order when it was issued, so it seems ingenuous now to claim he only just found out. Consult local counsel.

[FindLaw_AHK]

Have you contacted the caseworker to determine if any type of remedy is available for such an overpayment?

[miribird6]

Thanks for the responses. Amazingly, the worker retroactively applied the adjustment without him requesting it!