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  1. #1

    Default Child Support Agency Won't Refund Overpayment

    My question involves child support in the State of: California

    My husband was laid off on April 20. Soon after, he started a new job. May's child support payment had been taken out of the last paycheck from his old job.

    He was concerned that the payroll at his new job would not be set up on time to make June's CS payment ( there is a court order that his wages are garnished ) so he wrote a personal check near the end of May and sent it to DCSS to cover June.

    In the meantime, his new company received the court order from DCSS and said that even though he had already paid June's CS, they were obligated by law to pay it again in June!

    On top of that, 45 days after his lay-off, he received his severance paycheck from the old company and they had ALSO taken out June's child support payment!

    He contacted DCSS via their website to notify them of the two additional overpayments and requested a full refund. They responded via their website that it is their "policy" to "carry a credit balance in an amount equal to one month of current support if there is an overpayment"

    By what legal authority are they able to do this, if any? There is nothing in any court order that states my husband is obligated to pay what amounts to "first and last month's child support"!! He took a pay cut when accepting the new position and having DCSS steal an additional month's worth of payment is going to create a hardship on us.

    What is our recourse?

    Thank you in advance.

  2. #2
    Join Date
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    Default Re: Ncp Overpayment to Dcss

    He can ask Mom to return/not cash his check.

    Other than that yes, the State is allowed to do that - why? Because there is nothing in the law saying that they can't.

  3. #3

    Default Re: Ncp Overpayment to Dcss

    I don't believe it's going to Mom - they are just keeping a "credit" in his account!

    Is a credit card company allowed to keep your money if you accidentally overpay your bill?

    Thank you for your response.

  4. #4
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    Default Re: Ncp Overpayment to Dcss

    (Yes, actually - a credit card company can be allowed to legally keep an over-payment as further credit.....bad example to use )

    Has Dad actually gone down there in person to speak with a real human? If their policy is causing a genuine hardship, he may get further than with emails and phone calls.

  5. #5

    Default Re: Ncp Overpayment to Dcss

    I apologize for veering off topic but by what authority can a credit card company keep an overpayment?

    Dad will likely not go down there as dealing with those people is usually beyond infuriating ( I believe child support services exploit the fact that the NCP is generally the Dad and they don't like to deal with this stuff ).

  6. #6
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    Default Re: Ncp Overpayment to Dcss

    Quote Quoting Joanne Cavalry
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    I apologize for veering off topic but by what authority can a credit card company keep an overpayment?
    There are many instances in which a credit card company can "keep" an over payment.

    Look them up.


    Dad will likely not go down there as dealing with those people is usually beyond infuriating ( I believe child support services exploit the fact that the NCP is generally the Dad and they don't like to deal with this stuff ).

    You perception is certainly..interesting. And admittedly quite narrow.

    But if Dad won't do anything about it, there's really not much else left to say.

  7. #7

    Default Re: Ncp Overpayment to Dcss

    Quote Quoting Dogmatique
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    There are many instances in which a credit card company can "keep" an over payment.

    Look them up.
    Since you couldn't provide an example and everything I found stated otherwise, I have to assume you are incorrect.

    "Look them up" doesn't seem like very good advice from a forum that purports to provide "Help With Your Legal Questions", but I guess you get what you pay for.


    Quote Quoting Dogmatique
    View Post
    You perception is certainly..interesting. And admittedly quite narrow.

    But if Dad won't do anything about it, there's really not much else left to say.
    My perception is based on my not-very-narrow experiences.

    As far as "doing anything about it", if the law states DCSS cannot keep an overpayment, that is very simple to convey to them in an email. It's much more difficult to deal with them in person when you are being treated like a dead-beat dad.

  8. #8
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    Default Re: Ncp Overpayment to Dcss

    Quote Quoting Joanne Cavalry
    View Post
    I don't believe it's going to Mom - they are just keeping a "credit" in his account!

    Is a credit card company allowed to keep your money if you accidentally overpay your bill?

    Thank you for your response.
    Just in regards to the bolded portion, the credit card company can keep it as a credit toward your account, which is what it looks like the state is doing.

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