recalculating CS and overpayment

[turner2006]

I have been paying child support for 13 years as instructed by my original settlement. My son has turned 18 and graduates this May and I assumed I would cut my support in half to continue to pay for my daughter. My ex has now asked to recalculate the support solely for my daughter and it may turn out to be more than the half I originally expected. My payments have remained the same for the 13 years and I have reason to beleive I have been overpaying for some time now. I am wondering if the over payment can be factored into the new calculation and if so, how far back could this be investigated. (State of New Mexico)

 

[irish223]

I have been paying child support for 13 years as instructed by my original settlement. My son has turned 18 and graduates this May and I assumed I would cut my support in half to continue to pay for my daughter. My ex has now asked to recalculate the support solely for my daughter and it may turn out to be more than the half I originally expected. My payments have remained the same for the 13 years and I have reason to beleive I have been overpaying for some time now. I am wondering if the over payment can be factored into the new calculation and if so, how far back could this be investigated. (State of New Mexico)

I don't know of any state that doubles the child support for 2 children. In other words, child support for 1 is not half of what it would be for 2. In fact, in my state the amount increases from 20% to 28% to 32% to 40% with each additional child, so the amount doesn't double until you have 4 children! (However, NM is an income shares state, while my state is not.)

Why do you think you've been overpaying?

Here are the NM guidelines if you want to check:
http://www.hsd.state.nm.us/csed/guidelines.html

 

[Xander271]

If you feel that you have been over paying, you will have to prove it. Again, If you think you're over paying; it's in your best interest to get the recalculation. In the mean time, you can google "new mexico child support calculator" (without the quote marks) and get an idea if you were over paying with 2 children and what you will be paying with only one child.

I'm not a lawyer....but I did win Sole legal and physical custody without a lawyer.

 

[turner2006]

The only reason I think I have been overpaying is because if I use her current income, (which she provided), and calculate what the payment would be for two children, it comes out to about $700 in comparison to the $901 that I am currently paying. I know the original payment had additional child care expenses factored in and those expenses have since been eliminated due to the children's ages. Since I never asked for a recalculation, am I in the wrong for overpaying?

 

[irish223]

I believe you're out of luck on recapturing any overpayment. You should have filed for a modification when daycare was no longer an issue. Since you didn't, you cannnot get a credit for it now.