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CS Overpayment

Posted by on Nov. 4, 2014 at 7:57 PM
  • 32 Replies

When BM had custody, DH was paying quite a bit in CS.  After BM left them with DH she continued to receive CS. When DH went to court and had custody switched, it took over a month for the AG's office to get a stop withholding order to his employer. So, for over a month after custody had switched, he was still paying CS.

For a year we have waited for BM to pay that back. She has said she is going to pay it back on this day or that but we never see it. She requested that we pay for all of a plane ticket for the children to see her and she reimburse us for half, at which point DH emailed back and told her that she was not trusted to pay anything back at this point.

She claims it was taken out of her income tax refund. However, we never received that. AG's office says they have no record of it. She refuses to send proof of her paying it back. DH will be requesting a review from the AG office in the morning as well as contacting his lawyer.

I am posting to ask; has anyone dealt with this before? Did they garnish income tax 4 months after the order was in place? Did you receive a letter saying they would be garnishing? How long does it take a CP to receive the payment back? 

by on Nov. 4, 2014 at 7:57 PM
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Replies (1-10):
annabl1970
by Platinum Member on Nov. 4, 2014 at 8:09 PM
So how much he overpaid?
Is amount worth to get aggravated, spend money in lawyer's fees and time to file?
If overpaid CS is not that big, I would suggest to forget about it.
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pink_sugar
by on Nov. 4, 2014 at 8:13 PM
1 mom liked this

BM was overpaid and refused to give back the money.  She told DH to take her to small claims court.

Well, instead of going to court, DH just waited until the time was right where he owed BM money for medical/dental appointments.  DH told her to take it out on what she owes him.  BM was pretty pissed off.  Not sure why, she had no right to keep all this money AND get more from him.

I would ask her for her tax returns and proof.  If she can't come up with it, then she's lying.  I wouldn't give her a cent!

wise.toes
by on Nov. 4, 2014 at 8:21 PM
1 mom liked this

just write it off. was it thousands of dollars? 

do you really need it? is it affecting your household that bad that you need to get the money back?

i get it's the principle, but is it really that important in the grand scheme of things?

ame4c
by Bronze Member on Nov. 4, 2014 at 8:22 PM
1 mom liked this
Doesn't CS go thru the state? I would call CS enforcement and have them garnish her wages. Then file for CS from her.
NotARockStar
by on Nov. 4, 2014 at 8:56 PM

About $2,000 was overpaid to her.

Quoting annabl1970: So how much he overpaid? Is amount worth to get aggravated, spend money in lawyer's fees and time to file? If overpaid CS is not that big, I would suggest to forget about it.


sara82lee
by Bronze Member on Nov. 4, 2014 at 8:57 PM
2 moms liked this
Never dealt with this but I've heard it's notoriously difficult to get an overpayment back. For some reason the child support office seems to work well only one way. :/
NotARockStar
by on Nov. 4, 2014 at 8:58 PM

She pays for nothing and is already behind for her half of medical support. We spend about $2000 a month in medical costs for the two children. She is also refusing to pay CS.

Quoting pink_sugar:

BM was overpaid and refused to give back the money.  She told DH to take her to small claims court.

Well, instead of going to court, DH just waited until the time was right where he owed BM money for medical/dental appointments.  DH told her to take it out on what she owes him.  BM was pretty pissed off.  Not sure why, she had no right to keep all this money AND get more from him.

I would ask her for her tax returns and proof.  If she can't come up with it, then she's lying.  I wouldn't give her a cent!


NotARockStar
by on Nov. 4, 2014 at 8:59 PM

$2,000

We do not NEED it but it would come in handy considering the medical bills we pay without reimbursement and the fact that we support the children unilaterally as well as are court ordered to pay for half of all travel.

Quoting wise.toes:

just write it off. was it thousands of dollars? 

do you really need it? is it affecting your household that bad that you need to get the money back?

i get it's the principle, but is it really that important in the grand scheme of things?


NotARockStar
by on Nov. 4, 2014 at 9:00 PM

CS is being called in the morning to do a review on the previous case and hopefully they will get the money back. She is CO to pay CS, she has yet to do so.

Quoting ame4c: Doesn't CS go thru the state? I would call CS enforcement and have them garnish her wages. Then file for CS from her.


NotARockStar
by on Nov. 4, 2014 at 9:02 PM

It does seem quite difficult. We have been trying for over a year now to get the money back. It's not worth lawyer and court fees, as those would likely add up to more than the CS but it would be nice to have it back already. If the CS office doesn't help us then I guess we will be filing with small claims court to get the money back.

Quoting sara82lee: Never dealt with this but I've heard it's notoriously difficult to get an overpayment back. For some reason the child support office seems to work well only one way. :/


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