Taxes taken to pay arrears... now what?

[step_momma_2boys]

We filed our taxes and knew that most of it would go to DH's ex to pay the arrears that was accumulated due to the judge picking a date that was retro.  That was fine w/ us since extra has been being taken out of DH's check to pay on the arrears.  We got our small portion of our taxes recently and saw the amount that they took to send to the Child Support Agency.  All of our state taxes were already taken and disbursed to DH's ex toward the arrears.  The amount that was sent out of our federal taxes is now over $430 more than what is owed to her.  I have checked and know that CS agency has not disbursed a check to her as of yet.  How do we go about making sure they only send her was is owed and not the whole amount?  And, how do we stop the order to the employer that has the extra amount taken out for the arrears?

[seb1670]

Contact the Child Support Agency, caseworker and request, in writing if possible (more leverage that way) A COMPLETE ACCOUNTING of your case. They have to respond within 14 days, or you can take them to court and have them explain their actions to the Judge.

In that accounting, you want to see where the money is applied, how much arrears has accrued on a MONTHLY basis, you want to see when your tax withholding was applied and where, and you want to see every payment aplied and how much of that has gone to arreas EACH month.

You can make them go back to the beginning - I WOULD. (I have, and they found that I had credits they didn't apply...) Now I make them give me accountings every 6 months.

If you have to write a second letter send it to the Administrator, or head of the Child Support Division and send the caseworker a copy - they hate when you go over their heads and expect action.

More than likely they will include any over-payment as a credit. they'll adjust the payments accordingly - if not make them.  If you don't keep on top of them, they will screw up and you'd never know.

[leon clugston]

as crappy as it is, the state gestopa takes the extra intentionaly, then they will hold it for a couple of months, useing the excuse if you miss a month  they have the balance of that month,(its a security) for which they draw enterst on during that time. Since he is current, you need to quickly notify CSSD, CS, whatever agency of Hitler that is operating in youre state, to send a letter to his employer,,but do be suprised if it takes a while.

[step_momma_2boys]

I'm wondering if they will send us a check for the extra amount.  When we started paying child support this time around, it turned out that we had paid extra when DH paid child support before.  So, they deducted one month's worth of child support and sent DH a check for the remainder.

[reagantrooper]

The cash is gone!!

Next time file a injured spouse form with your tax return.

[williaer]

We just went through something kind of similar. My DH was unfortunately downsized and they never terminated the orders to his employer, so they took from his severance and unemployment checks. I finally got fed up and faxed the caseworker a nasty note and attached a letter and sent it to his boss- with a timeline attached. They did everything I asked int he letter by the timeline I set, it was amazing. PP told you they hate it when you go over your heads- in our case, that was exactly right- the letter we got back from them had his signature and his supervisors on it.
Be firm, forceful and keep after them. You won't get the money back- let that go- but you can make sure they credit you properly. I will paste the contents of my letter on here, you can use that to help you. FAX it- do not July 31, 2006

---this is the letter to his SUPERVISOR--------
Do NOT mail it- FAX it!!!

RE:  L. W
Obligor




Dear Ms. Mu,

I have been in contact contact my case worker concerning a rather large issue we are having with my child support case.

As of 7-14-06, I owed $3.20 for the remainder of the month of July, according to the SETS phone-in system. I was, unfortunately downsized from my employment and I promptly sent a "change of employer" form to my caseworker via fax. I called to confirm with him that the child support would now be deducted out of my unemployment compensation, and he stated "Yes, the witholding notice has already been sent". This was the week of July 17th.  I received the new withholding order that was sent to Unemployment and it was inaccurate. He had listed a payment on arrears that didn't exist. I contacted him about this, he stated that a "new withholding order had already been sent out", and confirmed that the termination order had also been sent to my former employer. I never received a copy of the amended order or the termination notice.

The obligee then received checks from my unemployment compensation in the amounts of $68, $74 and an additional $74 this week. This was obviously an overpayment of $212.80. I understood that they received the order and had to pay it according to the law, however, when I checked the SETS system, the "amount due for the month", had only decreased to $2.00.

As of Friday morning, when I received a portion of my severance payment from my former employer, the obligee will receive an additional $155, because my case worker never sent the termination order to my former employer. I contacted payroll and they stated that they had only received a new order, reducing the payment to the current ordered amount, not a termination as he stated he sent.

So we are now up to $367 in overpayment on this child support order. My case worker has repeatedly lied to me about actions that he has taken in this case. I have no problem paying my child support. I feel that I am responsible for the care and maintenance of my child, however, I have a second family at home, with a child on the way, and we are trying to survive on my unemployment compensation until I can find employment again.

I would ask that you personally respond with whatever remedy is available to me, since this situation will only continue to escalate, as I am paying child support on a case that has essentially no money due until September, on a weekly basis. By the end of August alone, I will have overpaid by $442. Mr. Allen says that I will have a "credit" that will be used when the order is complete...in 9 years. I feel that is is very unfair that my family should be punished because he did not do his job.

I understand that mine is not the only case he deals with, however he made it very clear to me that he had terminated the original order and sent a proper witholding notice to Unemployment- neither of which he has done.



Thank you in advance for addressing this very important issue,

 L. W



(61
(614

~I have been informed by my attorney that the only other remedy, if your office will not correct Mr. Allen's error, is to file a complaint in the Common Pleas Court. I would like to avoid this remedy, but will pursue it, if a fair and equitable solution cannot be reached.

Obligee: S
Child:
DOB:



----this is the letter I sent to him_--------

July 31st, 2006


Christopher
 County CSEA



RE:  L. Wi
OBLIGOR

Dear Mr. Allen,

Per our conversation this morning, I wanted to outline, in writing, what we agreed the next steps will be regarding my child support order that you case manage.

1.   You agreed to immediately forward to my former employer a "termination" notice, so that they will STOP taking payments from my severance:
Here is the name and address, so that there is no confusion:
Association
Columbus, Ohio 43215

Since this has been an on-going mistake that you have made, I would assume this will be taken care of before Thursday and anticipate a copy of this termination order also being sent to my home address, by Friday of this week (8-4-06) , which you have on record.

2.   You agreed to send an amended withholding order to  Bureau of Unemployment Services, so that they will stop taking out payments for arrears that do not exist and have not existed in months, again I will include their address, so that there is no confusion:
Ohio Department of Jobs and Family Services
Office of Unemployment Compensation
PO Box 182404
Columbus, Ohio 43218
(614) 466-2319

I would also request that a copy of this new withholding order be sent to my home address, by Friday of this week (8-4-06),so that I can be assured that this has been taken care of.

In addition to these documents I want a copy of the child support payment print out from the last 2 months, with a letter from you that states the amount of my "credit" for all of the monies that have been taken out of my pay in error, due to your negligence, mailed to my home within the next 2 weeks. I will be requesting these on a monthly basis, to assure that I am given the proper amount of credit, considering I called you multiple times to make sure that this wouldn't happen. I don't believe this is an unreasonable request, considering the cooperation and diligence I have shown in making sure you had all of the information you needed to make sure this issue didn't arise.


Thank you for your PROMPT attention to these matters,


 L. W


cc.Sharon , Director

[step_momma_2boys]

So are you saying that you won't get your credit back for 9 years?  Given there is a credit in 9 yrs?  The reason I thought we would get a check from the state for the balance, is because Child Support sent DH a check for a credit to take the case balance down to zero.

[step_momma_2boys]

Well, DH called his case worker almost 2 wks ago and suprise, suprise, she didn't call back.  We were about to send a letter via fax and certified mail when lo and behold.... we GOT A CHECK FROM CHILD SUPPORT for the overpayment (over $400 by this point.)  I didn't think things were going to go through this quickly, and wonder if contacting the case worker got this going.  We've had to pretty much threaten to go over her head 2x now, so I'm pretty sure she new DH meant business this time too when he called.  Anyway, I'm pretty excited that they got on the ball and sent it to us, with baby #2 on the way, we really needed it.  So, now we know she got her part deposited onto the e-card visa the state furnishes... and just in time for the boys to go back.  I am really glad she didn't get it right after they got here or they would not see a cent of it.  DH is going to mention to her when she picks them up in 3 days, that she should have a good time shopping w/ the boys for SCHOOL CLOTHES AND SUPPLIES this year, as she certainly has the money for it!  (over $1600)  I am going to be so mad if she does the usual good will clothes shopping for them this year... and you can bet I will take so many pictures if they are in any clothes that doesn't fit, is holey, etc.  

[Skippy89]

Child Support is required by Federal Law to hold your Federal Tax Refund for 6 months.  They are required to do this in case you file an injured spouse claim with the IRS.  If have not done that already, you may want to do that.  Assuming it was the Federal Taxes that was taken.  

If you are concerned that your child support will be overpaid, contact your caseworker to verify that the only money that will post to the case is what is owed and the remaining will be send back to you.  They should have a way of setting their system so the money does not automatically post to the CP's debt.  If the taxes are in holding then those monies will not be applied to any debt until the timeframe has expired.  If there are arrears still owed to the CP Child Support will not amend the withholding order until the arrears are paid in full.  If Child Support amends the withholding order before the arrears are current, they face Federal fines which will be paid by tax payers.

I hope this helps in understanding the taxes.