CSEA wiped out overpaid CS claiming it was a "GIFT"

[Darryl]

  Ok, here we go again dealing with the bumbling bureaucracy of the institution known as Child Support Enforcement. State is Missouri.

  3 years ago was going through a modification trial. Judge ruled that CSEA to 'determine amount due and owing" for arrearages. Agency sent a number back to the court and judge ordered that I pay that amount, and also the 'new' increased child support. SIMPLE. Paid it almost immediately.

  I asked for an audit of my account on Dec. 31st of the same year because my tax exemption was contingent on being current on child support. I wanted to make sure my account was correct. The answer astonished me. They sent a letter stating that I was $1500.00 overpaid. I asked for it to be returned to me because they made the mistake. Their response was that I would have to get it from Biomom because it had been disbursed. FAT CHANCE OF THAT. I asked them to withhold a small amount from current support, they said it might impact the child to do so and it was against state law.

  They finally said it would be held as  (or against) "future arrearages". WTF??? I am being garnished so not sure how I could ever be in arrearage again (other than future backdated modifications).


  Lo and behold. I called last week and asked for an accounting again and I mentioned the $1500.00 overpayment. The caseworker says "Oh, that has been zeroed out". "You paid the money directly to biomom (duh, there was no garnishment at the time, how else would I pay her??) and it was no fault of the agency so it is considered a gift.

  Of course I was a little angry. You would think they might inform me of this "deduction".

  I stated that it was ABSOLUTELY the fault of the agency, that I paid it under court order based on a number they provided the judge. The caseworker disagrees of course.

  I am waiting on a payment history in the mail.



  1)   I am afraid my money has disappeared into the black hole of bureacracy. How do I begin?

  2)   I do not know when this action was taken but I was not notified, is there a time limit on which to contest the action and is it based on the date of the action or when I found out about it?


  They did send me a letter 2 years ago that stated the overpaid status. I moved and cannot find it. It is probably somewhere, same caseworker remembers the letter and I would imagine it is all documented in my case file.
 

    3)  And now for the next big "IF". Do I try to get MY MONEY back? Will it somehow trigger biomom to smack me back in my place for messing with what is now, HER MONEY?

[socrateaser]

>  1)   I am afraid my money has disappeared into the black
>hole of bureacracy. How do I begin?

If I understand correctly, the state never actually had possession of your money -- you merely stated that the CP was paid a certain amount of support directly. In some States there are statutes that create a presumption that support paid directly is a gift. If your state has such a law, then you may be screwed, especially if the presumption is conclusive, i.e., not subject to rebuttal.

If not, then you should move for a declaratory order stating that the payment was intended as support, and was paid during a time period when there was a valid court order, but no wage assignment/garnishment.

I'm assuming that the two facts I've just stated are facts, because they are critical. If your payments were made at a time when no valid support order was in place, then your case is pretty much lost, because the child has a right to support, and you paid, and your payments satisfied your duty to pay.

So, those are the two things you need to determine:

1. Is there a statute or case law in your jurisdiction that makes support a gift if it's not paid through CSE, and,

2. Was there a valid child support order against you entered in the court at the time that you paid?

If #1 is false and #2 is true, then you have a case, otherwise you don't

[Darryl]

>>  1)   I am afraid my money has disappeared into the black
>>hole of bureacracy. How do I begin?
>
>If I understand correctly, the state never actually had
>possession of your money -- you merely stated that the CP was
>paid a certain amount of support directly. In some States
>there are statutes that create a presumption that support paid
>directly is a gift. If your state has such a law, then you may
>be screwed, especially if the presumption is conclusive, i.e.,
>not subject to rebuttal.


    I paid the amount that the court determined due and owing directly to CSE (this was based on the numbers they provided the court). The payment history shows affadavits signed by biomom stating I paid her directly certain amounts (which I did and can prove) but I paid her directly because there was no order to pay thru the agency; i.e. No garnishment, No order to pay through the agency, just a court order stating CS amount. No one, including the agency is contesting amount 'actually paid' or it's intent. I think they are mistaken in their belief that it was not a result of a mistake on their part. I paid under an order from a judge based on the number they provided the court!


>If not, then you should move for a declaratory order stating
>that the payment was intended as support, and was paid during
>a time period when there was a valid court order, but no wage
>assignment/garnishment.
>
>I'm assuming that the two facts I've just stated are facts,
>because they are critical. If your payments were made at a
>time when no valid support order was in place, then your case
>is pretty much lost, because the child has a right to support,
>and you paid, and your payments satisfied your duty to pay.
>
>So, those are the two things you need to determine:
>
>1. Is there a statute or case law in your jurisdiction that
>makes support a gift if it's not paid through CSE, and,


    Not that I am aware of.


>2. Was there a valid child support order against you entered
>in the court at the time that you paid?


    Yes, see above. Valid court order had been in place for approx. 8 years.



>If #1 is false and #2 is true, then you have a case, otherwise
>you don't