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  1. #1
    Join Date
    Dec 2010
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    Default Overpayment of Child Support

    My question involves child support in the State of: Alabama. My husband has overpayed his child support about 7 thousand dollars, how do we go about getting over payment back? We were told by the state that he had overpayed, but they could not advice us on how to get it back..

  2. #2
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    Dec 2007
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    Default Re: Overpayment of Child Support

    How did that happen?

  3. #3
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    Dec 2010
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    Default Re: Overpayment of Child Support

    Quote Quoting PattyPA
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    How did that happen?
    His childsupport is took out every week from his payroll..Over the past 11 years in the months with 5 weeks it was took out when it wasn't suppose to, therefore it has added up over the years..This is what we were told by the state. A little background..His ex was telling him he was behind and she was taking him back to court, knowing that he had NEVER missed a payment we contacted the place his employer sends the money to which is the state, and we were told she (the ex) didn't know how to read her paperwork..and that he had overpayed..but they could not tell us hoe to recoup it.He is court ordered to pay till kids reach 18..Oldest child turns 18 this year and twins turn 18 in two years.We do not want to slight the children at all, but on top of child support we pay for everything (cars,clothes,cheer, phones,etc). We don't think it is fair that she gets to keep the overpayment.

  4. #4
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    Dec 2007
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    Default Re: Overpayment of Child Support

    Are you saying that his deduction is normally 1/4 of the required monthly amount per the child support order?

    Why didn't he say something to the employer the first time this happened?

  5. #5
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    Dec 2010
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    Default Re: Overpayment of Child Support

    We didn't know it was happening untill about a year and ahalf ago.

    But now that we know, we watch out for the months that have five pay periods and we contact his employer and she doesn't with hold for that week.

  6. #6
    Join Date
    Dec 2007
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    529

    Default Re: Overpayment of Child Support

    Quote Quoting cimcojack
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    We didn't know it was happening untill about a year and ahalf ago.

    But now that we know, we watch out for the months that have five pay periods and we contact his employer and she doesn't with hold for that week.
    Now I am totally confused.

    I too have my paycheck garnished (bi Weekly) and the two months that I have three pay periods, she recieves three CS Payments.

    If that is properly garnished, why is yours an over payment and mine not?

    If you are garnished weekly, I would think you are expected to make 52 payments, but if I understand what you are saying you are making monthly payments weekly and you are entiltled to pay 48 payments or have your payments reduceds so it equals 48 payments in a 52 week span. Which your employer did not do.

    I did over pay my arrears and now that I traced the paperwork, I see that my CP recieved the overpayment. I am guessing I probably have to get it from her and not from the agency, because my request for it has fallen on deaf ears. but then everything I tried to recieve from them always do.

    To answer your question. Try sending a CERTIFIED Letter first and have it written in a business form letter and address to a judge or court. It a start that will cost you pennies to try.

    I start a thread a few months back asking a similar questions about overpaying arrears, some of the responses might give you a start. But is reads like you are going to have to take the CP to small claims court.

  7. #7
    Join Date
    Dec 2010
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    5

    Default Re: Overpayment of Child Support

    Didn't mean to confuse anyone..Maybe this will help. The state set his cs for x amount per month..his employer divided that by 4 and takes it out weekly,where overpayment comes into play is the months that have 5 pay periods, his cs was took out when it should not of been..and over the 12 years that has added up..We were wondering if we need to retain a lawyer to get overpayment back now or wait till youngest child is 18 to do something, child is 16 now..Divorce papers state 18.

  8. #8
    Join Date
    Dec 2007
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    529

    Default Re: Overpayment of Child Support

    Quote Quoting cimcojack
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    Didn't mean to confuse anyone..Maybe this will help. The state set his cs for x amount per month..his employer divided that by 4 and takes it out weekly,where overpayment comes into play is the months that have 5 pay periods, his cs was took out when it should not of been..and over the 12 years that has added up..We were wondering if we need to retain a lawyer to get overpayment back now or wait till youngest child is 18 to do something, child is 16 now..Divorce papers state 18.
    Thanks for the clarification. I pretty narrow it down correctly. From my limited knowledge, I would guess it is very differcult to get the money back from the CP, (with or without) a lawyer, because it not a bill. The money is going toward the support of your children, so anything extra (Above what you are required to pay) is not considered an overpayment, (more like graditute in support of your children welfare). It is one thing to have a immediate one-time overpayment, and it another to have 12 years ongoing overpayment.

    Probably have a better chance of getting money from the company that processed your payroll deductions. But if you are still working for that company, that might be like biting the hand that feed you.

    If you are able to get the problem correct to stop the bleeding, (That would means someone admit to the mistake) then you might have a slim chance of getting something back (I am sure not 12 years worth) But if the deductions are still incorrect, It sound like a dead issue...

    I would go talk to a lawyer. Usually the initial session is free.

    Should you wait two more years ????? . No. There is no reason to wait. Waiting hurts your case. Chances are the only money you will get back is the money that is over paid after you file.

  9. #9
    Join Date
    Dec 2010
    Location
    NJ
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    3

    Default Re: Overpayment of Child Support

    I agree with Lawrence, I recently showed a overpayment and received a notice of arrears a month later...the overpayment was treated as a "gratuity". Two suggestions:

    1) To retrieve the excess payment you can take the custodial parent to small claims court. The State is responsible for collecting an amount, not policing and retrieving overpayments. There may be some relief in small claims court. BUT...it will not go over well with the ex- if you are concerned with her reaction then it may not be worth $7,000.

    2) Request a copy of the salary execution order from the state collection unit. If it states an annual figure your husband's employer should divide it by the number of annual pay checks. If it lists a bi-weekly amount then you are okay as well. You may be able to request them to show the support amount to match how your husband is paid. Be careful, if they give a monthly amount and his employer mulitplies by 12 and then divides by 26 (for bi-weekly pay) he will be in arrears for 10 months of the year because you will always pay less than the monthly amount except during the extra paycheck months.

    Hope this helps

  10. #10
    Join Date
    Dec 2007
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    2,357

    Default Re: Overpayment of Child Support

    Poor payroll person was either uneducated or didn't use common sense.

    See, I can say that, because payroll is not just my job, I consider it my profession.

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