Small claims for over-paid child support

[joanrocco]

My fiancé wants to take his ex to small claims court to get back child support totaling about $500 that he paid to her, which he will now have to repay again. Although he already paid this $500+, the child support collection agency won't acknowledge it because there was no order at the time, so they are making him pay it again now that the order is in effect. What are the chances a judge will make the ex repay the money? He has all the money order receipts as proof. Any input would be greatly appreciated.

 

[seniorjudge]

Q: My fiancé wants to take his ex to small claims court to get back child support totaling about $500 that he paid to her, which he will now have to repay again. Although he already paid this $500+, the child support collection agency won't acknowledge it because there was no order at the time, so they are making him pay it again now that the order is in effect. What are the chances a judge will make the ex repay the money?

A: Zero. If your friend wants to adjust child support, it must be done in the original lawsuit and not in small claims court.