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.

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