Can I get a refund for overpayment of CS?

[sunflower1]

Hey, heres the situation. I am in Texas

I was ordered in 2000 to pay CP a medical arrearage amount of 13000.00 in addition to regular CS. Due to a medical condition I knew that I would be out of work and filing for SSD within the year, so I paid off the arrearage in 7 months, through our local CSEA. I have documentation.

fast forward to 2003 SSD approved, and my child is also receiving benefits. CP takes 2000 order to SSA and has my benefits garnished for arrearage only, in the amount of 500.00 month

now its 2005 and I have filed for modification of CS and to stop the garnishment.( I would have done this sooner, but since 2003 I have had 10 surgeries among other medical problems and have not been able to afford, or mentaly able to handle the filing myself)

As of this Sept I will have overpaid CP, on arrearage owed, by 13500.00
I have asked in the modification for this to be repaid. Does anyone think this will happen or am I just wishful thinking?

thanks for your imput

[joni]

we're $4000 overpaid in Michigan

if we prepaid the current month and subsequent month, we'd get the subsequent month back in full, that's the guideliness for MI

we put in a court order to have our monthly obligation reduced by $200/mo

[sunflower1]

Im not sure I understand your response.

Are you saying your overpaid 4000 and in Michigan they will send it back to you, even if you still have a CS order in place?

I know here in Texas they usually apply it to the end, but since this was for a medical arrearage it cannot be appiled to the end, plus under Texas CS code and SSD benefits paid there is no further CS in my case.
That is why I wonder if I can get an Order for repayment.

[dontunderstand]

I would think that you should get that money back.  There is nothing to apply the money towards and since you have proof it was paid in full...I would also look into seeing what you can do to CP since they took the order down there knowing it was already PAID IN FULL and FRADULANTLY took money from them and from you...

[joni]

go to the child support office where you pay and ask them for the policy regarding child support overpayment.  

in michigan, if you prepay a month in advance, they'll return the advance money (up to the arrearage balance) to you.  that's how you can get it back.  they will not just give you the money because they don't have YOUR money, they pay YOUR money right out to the mom.  you need to give them advanced child support to get it returned to you.  the month they return the money to you, mom gets nothing that month, you get "her" payment.  get it?

we went thru the court as part of our trial and offered the mom $200/mo.  it was generous because she knew otherwise, she wouldn't be seeing child support for 4 months.

are you saying you never have to pay child support ever again?  go straight to the horse's mouth and ask the child support agency about getting your money back.  whatever they tell you in person, ask for a copy of it in writing.

[sunflower1]

I have contacted the local CS office and according to them they do not keep track of arrearage amounts( when its ordered for medical bills ) only current payment amounts, and regular payments arrears, they have suggested I file for a motion to modify and recover, which we did.

Also, I am curious, can this amount CP will be responsible to repay, can it be subject to wage withholding just like mine was?

here in Texas when a obligor receives SSD and the child get a dependent benefit because of the onligors disability, then it works like this;
example

CS Ordered                       700.00
Childs SSD benefit             800.00

NCP/Obligors CS payment       0

But if:
 
CS Ordered                        1000.00
Childs SSD benefit                800.00

NCP/Obligors CS payment     200.00


So In my case, I am on permanate SSD, due to life threatening illness, and CS is 700.00 now soon to be lowered to 200.00, so in effect, No I will not have to pay any further CS, even though it is ordered.