Overpayment of Child Support

[bdfrantz]

I would appreciate any assistance you can give us.

My husband paid child support last year and then SSDI paid the mother $8,006 for last year as well, because he was approved for SSDI in June 06. I filed a motion asking them to apply the overpayment to his arrears that he owed in the previous years that he didn't know he was suppose to have child support modified. So far, it has been turned down. It is now being reviewed by the trial judge.

We want to fight it and I'm willing to do the appeal for him, but I've never done anything like this before. My husband's disability is based on his mental disabilities and he has a very low IQ. The courts won't talk to me, because I am not involved in the case, but he doesn't ask the right questions or explain himself correctly. It has been such a rough process.

Also, in talking with an attorney, he said I should file a motion to have the excess applied to arrears, the above and beyond. He owes $216 per month and she receives $672. The attorney said there is no law concerning this issue, and he feels we should fight it, but we can't afford him.

I have also contacted Fran Coleman in the State Legislature and she said she would pass our information over to her predecessor so that we may proceed in trying to pass bills concerning these issues.

Any help you could give me would be greatly appreciated, I just don't know what to do. I have a BSBA degree and willing to help. I believe if put in the right hands, someone could reap rewards in helping with this issue, because it would not only help us, but other noncustodial parents in a bad situation.

[Mr. Knowitall]

Is it really cheaper to decline to hire a lawyer, than it is to bring the motion and have the situation corrected? It seems apparent that your husband would not be able to represent himself in court, and that you (a non-lawyer) can't represent him. Explore these resources.