SPARC Forums

My husband is an NCP and was in arrears of $2500. but now he has overpaid the arrears by about $680.00.  Is there any way of getting this money back?

Any info. would be greatly appreciated.

>My husband is an NCP and was in arrears of $2500. but now he
>has overpaid the arrears by about $680.00.  Is there any way
>of getting this money back?
>
>Any info. would be greatly appreciated.

It depends on how the orders and judgment for arrears (if any) are worded. Post the exact text of the court orders related to this issue. Also, tell me the facts as to the amounts and dates that payment was made. And, all this assumes that you can prove that payment was made (cancelled check, receipt from other party, CSE records, etc.).

Thank you for your reply, I hope that info that I've given below is helpful:

3/4/02: Order Modifying Order of Support (arrears & $ judgment)
"Ordered that arrears are set and that NCP is to pay the sum of $2500 to CP"  Ordered that judgment be entered in the amount of $2500.00 together with costs and disbursements, payable to CPand it is further ordered that the arrears are set at $2500.00 with last payment credited 2/21/2002. A money judgment in favor of petitioner vs respondent in the amount of $2500.  Order of support continues at $108 per week by income execution order via support collection unit next payment 3/8/02."

NCP's support obligation is $108/weekly plus an additional $54/week towards arrears.  Since Jan. 3, 2002 NCP's employer has been deducting $162/week from pay check.  I created a spreadsheet to monitor this - it seems as though (at least they way I've figured) the CSEU deducts the $162 from the arrears and then charges back $108 so that only $54 is actually deducted from arrears (ridiculous) I have every single pay stub stating that the money was garnished. I ee from your post that you are requesting amounts and dates that payments were made. If it at all possible I could e-mail you spreadsheet.

I hope what I have stated above helps.  Thank you so much for your time.

If I understand correctly, CSE has continued to deduct arrears beyond that which was originally ordered. I would contact them in writing and demand that they credit your future support due with the overpayments, and order your employer to stop collecting support until the credit is used up, and that if they do not agree in 10 days, that you will file for a writ of mandamus with the court to order them to do so, as well as a negligence action.