Overpayment of CS and other questions

[mneisler]

My ex's attorney screwed up on our divorce decree and entered in 2004 instead of 2005. So Washington State is coming after me for a years extra child support. I am actually current on child support per the judges orders but as i said her attorney dated it mar 2004 instead of mar 2005. Well my childsupport amount was reduced in 2005 when our divorce was final. So now I have checkstubs that show I have overpaid ORS by about $900. I sent these up to ORS. I called her attorney and told him about his mistake. Should I call the judges clerk also and leave a message. From what ors says I cant get overpayments back anyway. and In reality from what the judge said I am even anyway its just my ex's attorney made the mistake on the decree. He made several others but they were all in my favor. What should I do just sit back and let ORS figure it out? My ex is living off some other sucker right now so I dont think my child will go without plus I have her about a 3rd of the time anyway. I am saving up money to fight for custody maybe but the problem I have there is that right now I have my daughter for all unstructured times(basicly when she isnt in school) so though my ex has primary physical custody I actually get to see my daughter more and know she is being monitored by other responsible adults most of the day. So I am not sure I want to change the custody arrangement even though I do end up supporting my child twice really (I pay for her when I have her and I pay for her when she has her, and she doesnt pay anything she goes to school and lives off different men.) Its difficult to prove this and I have no money for a PI. So I think at least when my ex has her now she is being seen everyday and most the day by a responsible adult Her teacher. sort of in a catch 22. My ex is out of state in washington btw and we share travel costs. I fought her leaving the state but I lost after she appealed it. Since then though I have documents in her own handwriting contradicting everything she said in court to move out of state. (She was moving up there to live with her parents and get family support from them.) she faxed me a letter in her own handwriting stating where she is living and with who and that it is her boyfriend. My daughter now 11 years old and when she is 12 in utah she is supposed to have added weight to her wants and desires of where she wants to live taken into consideration by the judge. One good thing she says her mom's new boyfriend josh reminds her of me. me and my daughter have a good relationship so I am hoping that he is taking care of my daughter cuz I know my ex doesnt. Me and my ex have no contact due to a protective order and its actually better that way I think cuz she is nuts And i got tired of the circular arguments.

Any way

[askray]

Not sure about your state, but I know in Mass if you have overpaid due to an administrative error, you can get the money back but it's not automatic, you have to fill out forms.

If I were you, I would get the mistake corrected, especially if it is going to get you your overpaid money back.  Call ORS back and ask where the money is.  You may need to go to court to have a judge order that money back to you.

Also in Mass, you can file for child support modification if your circumstances change and it sounds like your circumstances have changed.  Check the child support guidelines for the state where your daughter currently resides to find out if child support modification is possible.

Keep in mind that if you do win joint custody, you would still have to pay some sort of child support to your ex because she has no income and your daughter would still need some sort of financial support while she is under the care of her mother.

Good luck, I know how much it sucks to deal with a crazy ex, hopefully you won't have to deal with her at all on this.