Try www.childsupportsavings.com. My GUESS is that he may not be able to recuperate the extra money, but he may have it forwarded as credit for the next $33,000 in payments if his lawyer is good. I do know that if you catch the mother not using the CS for the children, she will definitely be ****ed...

Credit for Overpayments: Sometimes child support papers can get a bit confusing and the occasional obligor will overpay. Credit for the overpayment may be applied in certain cases. It isn’t guaranteed, however. In one case,1 a father overpaid by continuing to make payments during a time when he didn’t have to. His mistake was costly as the court refused to give him credit for the overpayments. In another case,2 however, the judge gave the obligor credit for overpaid child support by reducing the payor’s future child support payments. The reduction offset the overpayment. In some cases, credit for overpaid child support is mandatory. Laches: “Laches” (pronounced like “latches”) is the legal equivalent of “use it or lose it.” When a party neglects to enforce legal rights for a long time, eventually they begin to lose the authority to ever enforce those rights. “The doctrine of “laches” is based upon the maxim that equity aids the vigilant and not those who slumber on their rights. It is defined as neglect to assert a right or claim which, taken together with lapse of time and other circumstances, causes prejudice to the adverse party, and operates as a bar in a court of equity.”4 The doctrine of laches has been applied to child support collections cases. Where a custodial parent has sat idle for a long enough time, eventually that custodial parent loses the right to collect the past-due support. The non-custodial, obligor parent can sometimes get off without having to pay up.5 It’s not easy to win such an argument, but it can be done. Call our experienced and skilled attorneys to find out if your case might warrant a sound defense in the doctrine of laches. Equitable Estoppel: Estoppel is the affirmative version of laches. Laches can be used when the recipient of support fails to enforce the obligation and years go by without complaint. Equitable estoppel can be used as a defense when the recipient does something to indicate that he or she no longer wants to receive support or will settle for a reduced amount. In one notable case the parties divorced, the two children lived with the mother, and the father paid child support to her. Two years later the elder child moved in with Dad and he (without going to court) reduced by half the support he paid to Mom. He thought she agreed to the reduction. She didn’t bother to enforce the support order for nearly nine years. She finally went to court seeking the past due child support. Facing a possible $14,750 arrearage (plus interest, court costs, and attorney’s fees) he wisely raised the defense of equitable estoppel.6 http://www.illinoisdivorce.com/family_law_articles/avoiding_child_support.php

Were these payments made through the court? If so, the court should handle this. If not, you will need a lot of positive proof of payments.