This is in Pennsylvania:
My child support obligation ends in approximately 8 weeks. I have always been current in my payments (wage attatchment), and never had arrears.
I am currently 6 weeks ahead on payments and have a credit balance with the support office. I have been paying for 17 years without fail.
I called them yesterday about getting my credit balance refunded to me when the support order terminates. They refused and said it was up to me to get the money back from her. The extra money has NOT been released to either of us yet. The support office just holds it until the end, then according to the person I spoke with, they automatically release the entire account, INCLUDING THE OVERAGE to her! They also will not suspend garnishment until the day of graduation.
The overage was caused by two things:
1. Double Dipping. Full Support was withheld from my regular wage garnishment in addition to partial unemployment complensation I have received. (Same amounts came from my employer and unemployment comp for the same pay periods.)
2. Emancipation of previous children on the order. Two of our three children have graduated recently. The most recent was last spring. The overage occured between graduation, and the modification hearing. (Note: I filed in early-APRIL, graduation in JUNE, and hearing was in mid-JULY, modified garnishment started late-JULY)
In the past, when our first child graduated, the exact same thing happened. But...they refunded that money back to me.
Same thing with the unemployment situation...they have always reimbursed me. The unemployment part has been an ongoing problem for 15 years, but they have ALWAYS paid it back to me.
UNTIL NOW...our final year. The person I spoke with called me a dead beat parent, said it was my problem, they DO NOT make refunds, and to take her to small claims court.
I intend to go personally to the support office next week to speak with them.
So, I have three questions:
A. Can they really do this to me?
B. How will I ever recover my money in small claims when my exwife does not have a job? (She receives SSDI which cannot be garnished.)
C. If I win in small claims, can I freeze her bank account? (I know the branch where she banks.)