Over payment in child support

[glessen]

Hello, I am asking on behalf of my husband. My husband has been paying child support on his daughter. It should of ended June 1, 2007. The reason for the term. is the fact that she is done with school and 18. Plus that is what the court order stated. DH has a withholding issue from CSE for the child support. In May when my DH went to check on his case with CSE and remind them that it ends the beginning of June they informed him that he could not discuss anything about his case. For he was not intitle to. (My husband always has problems with these peopel.) So DH went to his employeer to remind them of when to stop taking it out of his check. Well guess what is still being taken out of his check?

When DH called CSE then told them that there computer had a problem and did not get it out in time. He called them on the 14th of this month and they re-issued the term. withholding the 14th of this month. DH asked CSE about the payment that was made since they failed to get the letter out in time, he was told it is a gift. How can it be a gift when they failed to help him, nor did they sent the term letter to his employeer until he called? They were able to get the medical support term letter out in time, but not the child support letter. Isn't that funny.

How do we get that money back? X wife has received over $10,000.00 in over payment for a screw up that CSE has done to his case and they consider it all a gift. So DH is not about to give her an extra cent. For his daughter does not even get the money.

this is in the state of Illinois Mclean county

K. Lessen

[Jade]

>Hello, I am asking on behalf of my husband. My husband has
>been paying child support on his daughter. It should of ended
>June 1, 2007. The reason for the term. is the fact that she is
>done with school and 18. Plus that is what the court order
>stated. DH has a withholding issue from CSE for the child
>support. In May when my DH went to check on his case with CSE
>and remind them that it ends the beginning of June they
>informed him that he could not discuss anything about his
>case. For he was not intitle to. (My husband always has
>problems with these peopel.) So DH went to his employeer to
>remind them of when to stop taking it out of his check. Well
>guess what is still being taken out of his check?
>
>When DH called CSE then told them that there computer had a
>problem and did not get it out in time. He called them on the
>14th of this month and they re-issued the term. withholding
>the 14th of this month. DH asked CSE about the payment that
>was made since they failed to get the letter out in time, he
>was told it is a gift. How can it be a gift when they failed
>to help him, nor did they sent the term letter to his
>employeer until he called? They were able to get the medical
>support term letter out in time, but not the child support
>letter. Isn't that funny.
>
>How do we get that money back? X wife has received over
>$10,000.00 in over payment for a screw up that CSE has done to
>his case and they consider it all a gift. So DH is not about
>to give her an extra cent. For his daughter does not even get
>the money.
>
>this is in the state of Illinois Mclean county
>
>K. Lessen

His child support should have stopped the beginning of this month.  Unless he is making a huge amount of money and is paying a lot in child support, there is no way that he can have over paid by $10,000 in 3 weeks.   Something isn't adding up.  

[glessen]

the thousands of dollars was over paid a few years ago when they stated he was behind and he wasn't, but it took also six months to bring it into court and payments were being made all that time.

I just want to know, will she have to make the payment back to him knowing she was not suppose to get it. She even called to find out if she was suppose to get this payment and DH told her no and to send it back. She said it's a gift now.

[Jade]

>the thousands of dollars was over paid a few years ago when
>they stated he was behind and he wasn't, but it took also six
>months to bring it into court and payments were being made all
>that time.
>
>I just want to know, will she have to make the payment back to
>him knowing she was not suppose to get it. She even called to
>find out if she was suppose to get this payment and DH told
>her no and to send it back. She said it's a gift now.


Don't know.  Did you file to get the overpayment from a few years ago back?  If not, she probably won't have to pay that back.   The courts will view it as a gift.

But if he files to get this overpayment back now, he should be able to get it back.  Since it was automatically taken out of his check, it clearly was not a gift.  

But if he waits a few years, the courts will probably view it as a gift.  So he really needs to file ASAP.

[notnew]

I believe for the past overpayment, you are out of luck. You should have sent a certified return receipt requested letter officially requesting your refund.

Now, I think you should do the same now. Call to find out the supervisors name and attention to him/her.

I don't know if this will work. I am in an overpayment situation due to a modification that resulted in a reduction and it was retroactive and took over 6 months to get processed. I plan on sending the letter and see what comes of it. I'll post the results.

You may just end up kissing that money goodbye, but at least you are done.

[jilly]

Your husband probably needs to go back to court to have the child support order terminated.  That way they'll stop taking the money out of his paycheck.  I doubt very seriously he'll get back the money that's been paid since his daughter turned 18.

[glessen]

When my husband called CSE last week to find out about the over payment they told him it is considered a gift now.

Since I last posted, I have contacted an attorney who told me that CSE is suppose to send a term. letter to the employer once they see there is no arrearage.  My attorney also informed me that CSE does this kind of sh-- all the time. Some fathers do something about it and others do not. But she is sending a letter to the x demanding the payment back or we will go to court and ask for her to pay all attorney fees, since she has been sitting on that check for two weeks now.

The x called CSE and they told her to send the money back to them and they would send us a check. Well that seems real funny when they told us it is considered a gift.

But it really does not matter now, that the attorney is taking care of this. For I know the x is not going to want to go to court and pay for our fees.

K. Lessen

[hoosierpapa4]

I am not an attorney, I can only share my personal experiences with you and share what has worked and what has not.

If you failed to file timely your motion to terminate or modify child support at the time that a change occurred, the court is under no obligation to or should they go back before the date of your filing a motion to correct a situation.  eg., if you know that your son/daughter has become married, joined the military, has turned 21, these are things that by action of the law emancipate a child.  You may have a chance of going back to these dates if you can prove it (marriage certificate etc.)  If however, you have an agreed entry which was rendered as an order of the court where you both agree that when junior turns 18 or graduates from high school that the child is at that time emancipated, you may be able to argue that that order should dictate the event occurred on X date.  You might be able to petition the court to have child support cease upon that event and ask the court to rule that this is the date at which junior was emancipated, but you must file a motion with the court to terminate child support.

In short, when you file a motion with the court which has a bearing on child support (emancipation by operation of the law like a marriage, or through some other event), the clock stops at the time that you file your motion.  You CANNOT ask the court to go further back than your motion and expect the court to rule in your favor.  You can ask that the calculation of the NEGATIVE ARREARAGE goes back to the date of filing and then ask the court to rule on a proposed arrearage amount.

What I have found is that MOST of the time, if you're male and the person who's receiving CS is female, that the courts will do everything in their power to NOT force the Custodial parent to repay it.  If you are persistent and timely in your filings - you may have a chance but don't count on it being easy.  My X used dilatory tactics (Santa Clause died, her attorney had a political function that "just came up", her expert witnesses wouldn't be available due to an emergency.. in fact 5 different continuances) which caused me to continue paying child support to the tune of $69,000 over what would be ordered and 2.5 years transpired before I got to court, all the time of course paying huge dollars to an attorney to have him exchange letters and try to get on the courts calendar.  Because I filed my motion to emancipate, the clock stopped at this point, however, during my daughters testimony she indicated that she "temporarily moved back in" with her mother on X date.  The court, in HER effort to not make mom pay back $69k, ruled that the date of emancipation would be the date that she re-moved out of my X's home just six months before our court date.  Thus the arrearage calculated would only be $8k (even calculated it incorrectly).  Then the court made it a judgement which makes it impossible to ask for an IWO for it.

I then hired a collection attorney to get my $8k, he succeeded in getting a Garnishment order, however, her employer never got it setup as she filed Chapter 7 bankruptcy and "mistakenly listed" the debt as a non-secured non-priority debt.

I still have collected $0 from my $69k overpayment.

Get it?

I still am persistently trying to get my money back, but it's getting to the point where it's getting rediculous.

If I were in her position, I'd already be one of Indiana's most wanted deadbeat dad's and would be wearing an orange jumper - perhaps picking up trash along the highway or doing my time with the child molesters and drunks.

The title 4d folks aren't any help either, if you have dangling genitalia you're SOL...

[notnew]

I have to agree with everything you've said. Your comments about dangling genitalia are a hoot, but true!

At least my overpayment situation isn't anywhere NEAR that and I don't know that I'll ever get the money back or not either.

[glessen]

Well the thing that gets me the most out of all this, is I am a female and I have gone through CSE to collect support from my x. Well because he was a sub contractor they basically did nothing for me. I was the one who had to take him to court every month, I was the one who had to get his taxes.

But my husband now who pays support on time every week and his half of every doctor bill still gets screwed. Not only be CSE but also by the Judges. For example, DH's X kept 4 years of doctor bills some were in DH name and were in collection and they were all mailed to her. Well one day she decides to get money back on all these bills. We went to court explained to the Judge that we never saw a bill from her that did not matter. So the Judge said we owed $6,500.00. She had four years with these bills and we got 4 months to pay it off. The Judge did not want to hear about the bills in his name or that went into collection. The Judge told the mother she had 30 days to send us the bill once she receives it. And since Feb. of 2004 we still have not seen a bill. But now we go off of what we get from the insurance company. For NO Judge will make the mother pay the hole bll. But if he did not follow a court order guess what.

I really feel for the dads who pay there support and get screwed. It is not fair and I can not stand the mothers who use it to there own good.

K. Lessen