I feel that I have overpaid child support. I want a refund.
The Support Collection Unit has deducted the wrong amount from my paycheck/accounts.
There is no child support order.
I am the wrong person.
The garnished money is from SSI, public assistance, or support payments.
Answer
The New York Child Support Services has a form "Mistake of Fact and/or Exempt Money Claim" to correct errors.
Legal advice and research will be needed to file for a refund of child support because:
"There is a strong public policy in this State, which the CSSA did not alter, against restitution or recoupment of the overpayment of child support (see Baraby v. Baraby, 250 A.D.2d 201, 681 N.Y.S.2d 826; Tompkins County Support Collection Unit v. Chamberlain, 305 A.D.2d 813, 758 N.Y.S.2d 542; Maksimyadis v. Maksimyadis, 275 A.D.2d 459, 713 N.Y.S.2d 79). Recoupment is, however, appropriate under limited circumstances, where, as here, the father was temporarily compelled to pay excess support solely due to the Supreme Court's improper application of the CSSA (see Tuchrello v. Tuchrello, 233 A.D.2d 917, 649 N.Y.S.2d 869; Matter of Thomas v. Commissioner of Social Servs., 287 A.D.2d 642, 731 N.Y.S.2d 866; Matter of Niewiadomski v. Dower, 286 A.D.2d 948, 731 N.Y.S.2d 420; Hamza v. Hamza, 268 A.D.2d 459, 701 N.Y.S.2d 919)."
People ex rel. Breitstein ex rel. Aaronson v Aaronson, 3 AD3d 588, 589 [2d Dept 2004]