Overpaid Child Support

by David Nimmo
(Jupiter, Florida)

In December last year I missed one child support payment and my wife is suing me for contempt.

In 2009 she modified the amount I pay and I have paid $1600.00 per month since.

When I received the contempt paperwork the child care worksheet was attached, this is the first time I have seen it.

The insurance I pay for my children was under reported by $150.00 and child case expenses of $338.00 which have not been paid in a year also reported. There also appears to be an error with her attorneys calculations. In brief I have overpaid child support by $1100.00 per month.
Can I recoup this overpayment?

Secondly in our divorce agreement there is a clause stating I can claim my three children as dependents as long as I am current in my child support payments. I received a letter from her lawyer stating I can not claim them as I was not current. I have since paid all payments and am up to date, can I therefore claim my children when doing my taxes.
Thank you.

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