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NickyP211

Child Support Modification

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I filed for a Child Support Modification this past April 1. The other party was served paperwork on April 22.  Our Hearing was June 8 and a Decision was made on June 12th and my payment has been lowered. During this time, I was paying the higher amount through the state's automatic income assignment. My question is regarding overpayments.  It is my understanding that the new amount would go into effect retroactive to the date of service which was April 22nd.  Does anyone know which date would be correct for determining what my overpayments are?

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Hi @NickyP211

 

Welcome to the community and thanks for posting! According to New Hampshire Code Section 458-C7, child support cannot be modified retroactively any father back than notice of your motion. However, the code does not specifically state that child support modifications must be modified as of the date of notice of the motion. The code goes on to say that if the court makes a modification order which results in an overpayment of support, the court shall order that the obligee repay that amount.

 

As others have suggested, start by reading your order. It is possible that the judge included language that child support was modified "as of April 22" (or some other date). The judge may have also included language about overpayment of support.

 

Best of luck and let us know if you have additional questions.

The FindLaw.com Team

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