Can you ask for your money back if you over pay??

[stepma]

My DH's CS is going to Missouri family support center through wage garnishment. As of Oct. our arrearage was caught up and we were over paying by $50. They added the regular Nov. CS payment to October and now when they get both of DH's CS check for the month of Nov. they will owe us somewhere around $150. I spoke to our case worker a few months ago and she assured me a letter would be sent as soon as the arrearages were paid. I just don't understand why they put the month of Nov. into arrearage when Nov. isn't even over yet. Are we allowed to write the CS center and ask for our overpayed money when they finally decide we are paying current support or is that money lost forever?? How long does it usually take them to send a letter to lower the payments? I'm afraid they will just keep adding the next month to arrearages and we'll be up the creek without a paddle. I do not believe that the CS center has a right to hold on to any money that isn't immediatley owed to the CP and call it "future support" so they can make interest off of it for the next 14 years. Has anybody ever dealt with this??

[wendl]

My dh's cs ordered decreased and it took them a month to get it done, so basically my dh overpaid October by $300+ they applied it to Nov payment so now dh only owes 1/2 the support for Nov now.

Each state is a little different.

Why not contact the cs office and request the printout of payments made to date. this way to you can see if any errors occured. Then you contact the CS Amin Office and request they fix their errors.

Hope this helps a little.


**These are my opinions, they are not legal advice**

[reagantrooper]

The $$$$$$ are gone. The greedy bastards will keep it just in case you guys fall "behind" on you X spouse "child" support.

Pay, Pay , Pay and keep on paying!!
GOOD LUCK TO YA!!!!!!!

[KAT]

Yeah, I gotta pretty much agree...but heck, send them a certified letter requesting an offset for next month's cs due to overpayment. Do not call, don't even bother calling,  you have to leave a paper trail.  If all else fails you can also request the money back from the cp and if he/she refuses, take it to small claims court.
KAT

[Darryl]

I overpaid by $1400.00 due to CSE's own miscalculations. They will not refund my money nor will they take it back from biomom. I forget their terminology exactly but they hold it against "future arrears" or something like that. They cannot withhold one red cent from "current support" by law (from biomom). They said I could ask biomom for it (fat chance), or file an appeal (never bothered). I figure the next time she goes for more money (and she will) that they will backdate the increased amount to the date of filing and that will eat into my overpayment. Imagine her surprise when she is expecting a big fat check for retroactive $$$$$$$$ and she finds out I was overpaid so she gets squat but the increase.  :)

I'll be glad when it is all over. I go to court, FINALLY, in two weeks to see if biomom #1 gets college tuition on top of a CS increase.

[stepma]

OUCH!!! How did they end up taking so much over?? Now I'm worried but I know that our PBFH will also be taking us back to court for more money as soon as she can. So it will probably get taken care of that way. So you're telling me that "future arrears" gets paid out to biomom immediately??? because I was of the mind that they held on to that money. Don't get me wrong I think child support is great, but I don't think every dad should be treated like a dead beat. If they take too much they should damn well give it back!!!! x(

[Darryl]

>OUCH!!! How did they end up taking so much over?? Now I'm
>worried but I know that our PBFH will also be taking us back
>to court for more money as soon as she can. So it will
>probably get taken care of that way. So you're telling me that
>"future arrears" gets paid out to biomom immediately???

     They incorrectly calculated an arrearage which I then paid. The 'mistake' was found on a subsequent audit. Since it was already given to biomom they have no 'legal' way to get it back from her. They cannot withold any amount of the current cs payment as that might impact the minor child by her receiving 'less' than what she is used to getting every month. This is state law supposedly. They said I could go to biomom myself and ask for it back. Yeah right!!!!!! So that leaves my only option as waiting for her to request an upward mod and when it gets 'backdated' to the date of the request I can hopefully show that I am overpaid and the 'future arrears' (my overpayment) amount will be used toward back child support. I'll be soooooo glad when the slavery ends.


>because I was of the mind that they held on to that money.
>Don't get me wrong I think child support is great, but I don't
>think every dad should be treated like a dead beat. If they
>take too much they should damn well give it back!!!! x(

[cathey1963]

here is the answer if you live in NM.

http://www.kobtv.com/index.cfm?viewer=storyviewer&id=15631&cat=NMTOPSTORIES

[KAT]

Don't you just want to hit that woman? I bet she gets NO jail time, NO fine, no nothing. I fear that unless Dad gets this reduced to a civil judgement due to fraud, she can BK out of it...after all, it's not really child support now is it?
KAT

[cathey1963]

THAT'S THE TRUTH.........AMEN......IT IS NOT FAIR.....THE SYSTEM STINKS.