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Reduced CS, retroactive. How does this work?

Started by notnew, May 16, 2007, 10:33:31 AM

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gemini3

We had a similar situation.  We were told by DCSE that they would credit our account, which meant we would stop paying earlier than we should have.  They would continue to deduct on a monthly basis, I would just stop paying a few months earlier.  I think it's different by state though.

Ex effectively negated this by closing her case with DCSE and requesting that payments be made directly to her.  Our attorney suggested that I don't request a refund of the $4000 I over-paid because my ex is (voluntarily) unemployed and would have to pay back the money out of the CS, which would be to the detriment of the children.  I thought that was ridiculous, but that's another topic.  

You might be able to find the answer to your questions online if the OCSE has a website with a "FAQ" section.

notnew

Well, I opened the account with OCSE so she can't close it and I don't think she will so that is not a concern for me. If I were you, I'd request the case be re-opened to make sure you have proof you are paying. That is why I requested the monies go through their office via an earnings witholding order. I still get treated like a dead beat dad though.

Anyway, no this situation is not covered under FAQ's. All of the FAQ's are geared towards the "woman" asking questions related to inability to collect, etc.

I sent an e-mail with the situation and the reply was that as soon as they receive the new order my account will be handled accordingly. WTF does that mean?

Oh well, I'll just wait and see.

And the order was sent by the court to OCSE about two weeks ago and they still don't show they have received it.

I'll be glad when I don't have to play these games in court and with CS anymore. Sad to look forward to your child growing up due to this harassment and BS.

Thanks anyway.


jenjen

the osce will make the adjustment after covering any arrearage that might be due and return your over payment or credit you the overage. they might even contact you and ask how you want it applied.

I would not recommend letting them tell that you will just be done earlier because things may change and you might find yourself with custody or someone else may end up with custody and a new child support order