State is Asking for Repayment from Child Support Arrears

Involves state of: TX

Received large amount of back child support money several months ago through some sort of intercept. The state could not confirm the exact source.

Other parent owes over $20,000 in arrears and does not make regular payments. We've been trying to get this order enforced for a long time.

Today the state child support office sent a letter requesting I return everything that was intercepted within 30 days. If I don't pay it they will deduct a portion from future payments. (50%) The letter said I can request a hearing if I do not believe I owe the money.

How can the state give me the money and then take it away? This is the 2nd time this happened and they were for very large sums of money.

Is it worth my time to request a hearing?

since nobody has confirmed the source of the money, I would suspect it was found to not be eligible for attachment and as such, must be returned.



without knowing where the money came from, it is not possible to say a hearing would be worthwhile or not but that may be the only way you are going to find out where it came from and if it truly is exempt from seizure for child support.

I agree jk, I would like to get some sort of proof. thanks!

Has your ex remarried? I can't remember. If so, that could be the issue if they intercepted funds that were actually due to his wife.

As JK said, it's impossible for us to know the source of the funds. Have you asked where they originated?

Yeah, just went through your prior posts. This is probably the same thing that happened before - monies belonging to the wife were likely intercepted and you don't any right to receive her money.

Still wouldn't hurt to call and find out if you can get more info.

Thanks for the reply EA.

The last time this happened the money showed as a credit against the arrears and then was reversed. No explanation.

This time was different. The child support representative assured me that it cleared any required waiting period, and the money was deposited into my bank account. 3 months later they are asking for the money back.

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Quoting distressedmom

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Thanks for the reply EA.

The last time this happened the money showed as a credit against the arrears and then was reversed. No explanation.

This time was different. The child support representative assured me that it cleared any required waiting period, and the money was deposited into my bank account. 3 months later they are asking for the money back.

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I would do the hearing...at least that way you will get a thorough explanation.

Update: Found this directive to all state child support agencies:

http://www.acf.hhs.gov/programs/css/...-guidance-2002

If I read it correctly, the custodial parent must agree to pay back the overage. The state has not authority to deduct payments from future child support payments without consent.

I haven't seen any reversal of this directive.

Update-

State's evidence is a payment record that does not even show this payment.

I requested all records related to this transaction and the state said that they are exempted from providing any infomation.

The state has not been able to provide me anything to show I was overpaid, its their word against mine. My guess is their word will have more weight. Trying to think of what else I can do to prepare for hearing.

Get an attorney.

I met with 2 attorneys and they said I do not need to hire an attorney. So I could use some help with the questions I posted earlier.

Is it worth my time to request a hearing?

Just how do you anticipate getting answers any other way?

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Quoting distressedmom

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I met with 2 attorneys and they said I do not need to hire an attorney. So I could use some help with the questions I posted earlier.

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You have two choices, basically.

1. Hire an attorney - I'm sure there'll be at least one who will take your money

2. Study everything you can find about your situation and make the decision yourself.

It's impossible for us to say whether or not it's worth your time to do A, B or C. That's largely why you'll receive "Get an attorney" as a (perfectly valid) response.

It seems the state is going to give OP the run around until they are forced to explain themselves. That's why I suggested an attorney.
The attorneys who told you who didn't need an attorney...did they give you any direction?

One said he never heard of the state ever asking for money back and advised me to write my representatives. Another suggested I request info from the state, and try to negotiate an afforadable payback plan..

My hearing notice included their evidence, which is a list of payments for the past 3 years. It doesn't even show that I got the money and they took it back. They said I could not get any more information due to privacy laws. So I am not able to see the request from the agency that gave me, and then took away the money.

Request a hearing. In the meantime, study as many cases of this nature in your state as you can. (ask the librarians at your local law library for direction; they can often be quite helpful.)

Good luck.

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Quoting distressedmom

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One said he never heard of the state ever asking for money back and advised me to write my representatives. Another suggested I request info from the state, and try to negotiate an afforadable payback plan..

My hearing notice included their evidence, which is a list of payments for the past 3 years. It doesn't even show that I got the money and they took it back. They said I could not get any more information due to privacy laws. So I am not able to see the request from the agency that gave me, and then took away the money.

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To be perfectly honest, I also think you're getting the runaround. It's not fair, it's not right but it unfortunately happens too bloody often.

Believe me, I get your frustration. You're in the right, legally, and you're doing nothing wrong whatsoever. But who gets the short end of the stick?

You do. I'm sorry I can't really think of anything productive you can do except what Christina suggested, or keep on at them. Or both.

Thanks to everyone who tried to help!

I have a hearing date set. I will check out the law library for certain and then try to prepare my best arguements.

Update:

I spoke to many board certified family law attorneys. All of them with many years of experience. None of them ever heard of such a situation. They did not feel qualified to represent me, or I would have to pay huge retainers so they could research the issue. They all told me to go ahead with the hearing.

The hearing was this week. They provided no additional evidence. There were staff members to explain how the process works. The decision will be out in a few weeks.

Why exactly did they say you need to pay the money back? Someone surely asked them that in a straight forward manner, right?

they said it was if I was given a check that bounced.

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Quoting distressedmom

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they said it was if I was given a check that bounced.

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So the check that they intercepted (I'm assuming it's some sort of tax refund or the like) bounced?!!!

This is just getting stranger and stranger. I'm guessing the reason you're not getting any answers is because they "intercepted" something they had no right to intercept OR IRS issued a refund of some sort but then figured out it wasn't owed and pulled it back somehow.

And now for the rest of the story-

Had the hearing. No new evidence provided by the state. Final ruling just came and I have to pay it back.
That's just dandy!

What in the world?!!

Oh man. Can you appeal? You've got to be able to appeal surely?

This is just mindboggling.

The letter doesn't describe an appeal process. I will have to wait and call the office in the morning. I feel like I am in the twilight zone.

State gives you child support payment as the result of an offset. Tells you that its yours and then wham---- they ask for every cent back! If you don't pay it back they can and will deduct it from future payments until its paid off.

I'm just baffled here. Please please please let us know what happens when you call. There's got to be *something*, surely?

But they aren't asking for an actual repayment, like now but are allowing you to keep this cash but it will be deducted from future cs payments?

They are asking for repayment and are deducting a percentage of every future child support payment until its repaid.

There are no further appeal rights.