Child Support Question

[poohbear]

Here is the scenario.

CP asked for a child support review. The outcome of the review was that child support would be 10 times higher than the previous amount. Before the order is signed by the judge, NCP pays the extra amount for the first month that it will be due.

CSEA mistakenly sends the amount to the NCP--computer glitch or something--instead of to the CP. NCP has not cashed the check.

The judge never signed on the amount figured by CSEA, because a custody action was being heard, and child support was included in that. The custody situation changed, and child support was set--by the judge--at only twice the previous amount instead of 10 times the previous amount.

Because the NCP was sent the check by mistake, the amount was not credited as paid by CSEA. He does not now owe the money, and actually has an overage.



A recap:

1) NCP paid an amount not yet owed.
2) CSEA sent the amount to NCP rather than forwarding to CP.
3) CSEA, because of their mistake, did not credit the payment to the account.
4) NCP has no arrears...account is current, with an small overage.

Is there anything at all that CSEA can do to the NCP if he cashes the check that was sent to him? (The check is written out to NCP) Because he hasn't cashed it, they sent a letter stating the check wasn't cashed, and they could reissue if he didn't receive it. But they have said the money should have originally gone to CP, and if reissued it would be sent to CP--even though it would cause a massive overage on the account.

[socrateaser]

>Here is the scenario.
>
>CP asked for a child support review. The outcome of the review
>was that child support would be 10 times higher than the
>previous amount. Before the order is signed by the judge, NCP
>pays the extra amount for the first month that it will be due.
>
>
>CSEA mistakenly sends the amount to the NCP--computer glitch
>or something--instead of to the CP. NCP has not cashed the
>check.
>
>The judge never signed on the amount figured by CSEA, because
>a custody action was being heard, and child support was
>included in that. The custody situation changed, and child
>support was set--by the judge--at only twice the previous
>amount instead of 10 times the previous amount.
>
>Because the NCP was sent the check by mistake, the amount was
>not credited as paid by CSEA. He does not now owe the money,
>and actually has an overage.
>
>
>Is there anything at all that CSEA can do to the NCP if he
>cashes the check that was sent to him? (The check is written
>out to NCP) Because he hasn't cashed it, they sent a letter
>stating the check wasn't cashed, and they could reissue if he
>didn't receive it. But they have said the money should have
>originally gone to CP, and if reissued it would be sent to
>CP--even though it would cause a massive overage on the
>account.

That's pretty convoluted. I'd say cash the check and then send the correct amount to CSEA to bring your account current. Then wait and see what happens.