A Fathers Overpayment in NYS

[MacDad555]

I may have an overpayment noted on a upcoming order of support in NYS. The CSE entity I spoke to who issues the IEX said that if the judge doesn't state the overpayment or other language in order that I cannot recoup. Is this correct? It appears to be just another case where obligators are screwed by the system. I may have to go back to court to get a credit for the overpayment for when my daughter was emancipated at 21. Any posts on this would be appreciated.

[ocean]

Do you have an online account with the state? Log in and see if you are showing a negative balance. If you are, request a refund by calling the 1888 number,

If you are trying to get an overpayment already paid to the mother, good luck with that. You would probably have to go to court to get it right in the system but they will not go after the mother for that payment. Either she gives it to you willingly or maybe take her to small claims court?

[MacDad555]

It's way too early to see it reflected online. I have another child that is under 21 and if they are ordered to credit me for the emancipated child then I would see the negative balance owed. At that point, they would have to draw down off that amount until it is even. Whether they do it willingly or if I have to take them, or her, to court is the only question.  There is all kinds of hardship crap that has to be waded thru on both sides if this goes back to court. Bottom line, both kids are working, not in college, youngest has new car, she owns her home. If it comes to the best interests (what a crock) of the "children", I should prevail.

[ocean]

I would check that website DAILY then have two choices as soon as you see it come in (which should come in 2 weeks of the court date)
1. Ask for a refund of that money immediately, they will take up to 10 days to refund it to you so may take one week of support away from that amount.
or
2. Ask for immediate notice to go to your employer to stop payments until the amount goes to zero.

The time  you get another court date would probably be too late.... call daily and do one of the choices above.

[MixedBag]

ok, am I understanding this?

There is an order for CS that covers two children.

One has emancipated but nothing was filed to adjust and update CS to reflect that support is now for one child.

So the NCP believes there is an overpayment.

Here's what happened to me as the recipient of CS.  When OD emancipated, MD was left.  Yes, dad needed to (or I could ask) that CS be adjusted to reflect one child now....  But until that happened, CS was simply CS and there was "no over payment"

SO....I think your first step is to file for emancipation of the oldest and modification of child support.  And file tomorrow so that CS is effective either with the date you filed OR the date of the hearing/new order.

You may or may not see a reduction for the other child left.

(In my case, I hadn't taken dad back to court in upteen years so between his increased income and only one child, he actually was underpaying sooooo much, that CS for the child left would have been increased -- shock to him since he expected it to just be cut in half.  For such a smart guy that he can be, he was really pissed off when that didn't happen and it just stayed the same for two more years -- instead of fooling with it and paying me more).

[MacDad555]

FYI: I am NCP and did file for emancipation, and below is result.
Update. Received order to remove eldest child since she is not in college. 
Only issue now is the effective date of order means that I have a huge credit amount that was "of course" not stipulated in the order, just the effective date of the reduced amount.

Any advice on how to make the Support Collection Unit do that. They actually told me that they have no process or form to submit an overpayment by NCP, but do have one for CP underpayment. Why am I not surprised.


I will absolutely not allow that to be a GIFT to my kids as some other NCP have had happen to them when dealing with collections units.

[ocean]

I would send a copy to local cse office or bring it to them. Local office not state address. They should readjust your account from the dated order. You should then have a negative balance and will be reduced each week after by the new order amount. Still same options: either get them to send a letter to employer to stop payments or if the money is in account , ask for refund. If the payment was already made to mother, she will not get paid for x weeks until it is paid off.

[MacDad555]

I am going to local office with order. Does anyone have any experience with NYS SCU and whether they read the order and make the adjustment or NEED THE JUDGE TO STATE IT WITHOUT AMBIGUITY, to apply a credit.
They will most probably not even know about the new order due to bureaucracy and lag. Will still need to alert them and find out from CS worker what is their procedure in this case. All monies have been disbursed, so I wonder if they will even do the "not get paid for x weeks" which makes perfect sense. I will find that out when I get there and speak to them. Only issue is the mailed order wasn't certified or embossed, causing yet another possible bureaucratic delay for me to get it. In a perfect world, this would not require my intervention, but CS is a huge money maker for all involved but NCP.

[ocean]

I deal with Suffolk County child support office. If you go and drop it off, they will input it with a few days into your account and it should be a negative balance. Ask at the window, if it is a negative balance , what will they do. My guess is they will just keep deducting it each week as your ex already has that money until she pays it off. They will probably not go after her for it as there is still an active case. You should not have to go back to judge, they will use the dated new court order to readjust. I handed them a COPY of my new order and they accepted it.

In the future, send them registered mail to the local office and put your cell phone number. They really call you back! LOL  The state 1888 number is a waste of time usually.

If you have a garnishment through a job that will be the issue to get that stopped for a little while the amount goes down. Make that clear that you will wait and see a child support person to talk to because you need this inputted and a letter to go out ASAP (with you getting a copy too so you can hand to your employer) to stop garnishments.

Good luck!

[MixedBag]

I agree -- and am hoping that when you present the order to the CSE folks, you simply end up with a credit, CP gets no dollars until enough time has passed, and then you move forward.

Good luck!
And since you now have a clue as to how long the process takes, count backwards from the time the next one emancipates so that emancipation and CS are closer together.

I think that if you over pay after all are emancipated.....because court is slow....you might be SOL then.