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Overpaid CS in Missouri

Started by Darryl, Jan 07, 2004, 02:37:36 PM

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Darryl

To keep this short, Due to a miscalculation by DCSE a couple of years ago I have overpaid my CS by $1480.00. They tell me that once it has been disbursed to the CP I have to get it back from her, not them. Fat chance. I have at least 8 more years to pay.

1. Is there any legal way to have DCSE reimburse me directly or by withholding a small amount out of current support payments to the CP until the overpayment is erased?

2. They would not hesitate to take 'extra' if I was in arrears, with no concern for the financial impact on my household. Can't they do the same to the CP?

socrateaser

>1. Is there any legal way to have DCSE reimburse me directly
>or by withholding a small amount out of current support
>payments to the CP until the overpayment is erased?

Well it depends on whose fault it is that you have overpaid. If it id DCSE's fault, due to miscalculation or process error on their part, then they are negligent and you can absolutely move the court to order them to adjust their records so that you do not have to make another payment until your credit is exhausted.

Trouble is that it will cost you that much in legal fees unless you know how to do it yourself.


>2. They would not hesitate to take 'extra' if I was in
>arrears, with no concern for the financial impact on my
>household. Can't they do the same to the CP?

The CP isn't ordered to pay support -- you are, so DCSE has no judicial authority to act against CP. You wll have to go to court and get an order.