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  1. #1
    Join Date
    Jun 2007

    Default How to Collect Overpayment of Child Support

    hello there I am so sick of all this.

    Okay I live in Illinois. And my child support was suppose to end June 1 2007 due to the fact of my child being out of school and 18 yrs. old. That is what the court order states and that is what CSE has it as.

    Well the problem is CSE did not send a termantion letter to my employer in time and still has not yet received one to have the with holding stopped. So my x wife is still collecting support. I have called CSE and was told there computer had a problem and they did not get the letter out in time. Yeah right!@# Asked them how I collect the payments that have been made and I was told basically to bad they are a gift. Bull ----. My order was to end on June 1. It is not my fault that they can not get the letters out in time. My employer will not stop the withholding until they receive something from CSE. Well everytime I go to CSE to get the letter they are always in meetings.

    What can I do??

    G. Lessen

  2. #2

    Thumbs up Re: How to collect over payment on CS

    First of all I am guessing that you have already filed a petition to terminate child support, correct? Termination does not happen automatically so I would suggest you do so ASAP if you haven't filed already.

    After you do that, I would inform the support office to put a hold on the account and tell them not to disperse any funds until you have your modification to terminate support hearing...but you must file first, you just can't do it over the phone.

    I can't say what happens if you have already filed, yet they disperse funds due to some "computer error", but I find it hard to believe that "their mistake" somehow turns into a "gift for the ex". I have read other posts where the payor had to take the payee to civil court and sue for reimbursement, maybe someone else will reply on how that all works.

    I do know, that in Pennsylvania, those are the steps you take as far as terminating support goes. My account has been on the credit side for a number of years, and at the last modification hearing they made it crystal clear to my ex, that she would be resposible to repay any overpayments in the end. Hopefully things work the same way in Ill.

    Oh, and do you have any arrearages? That could be a reason why witholding hasn't stopped. Plus if your ex has collected public assistance, they may have attached your paycheck for that as well. You might want to ask the support office if this is happening. Trust me, public assistance will be tacked on to your support order in the form of arrearages without you ever being the wiser.

    Good luck to you.

  3. #3
    Join Date
    Jun 2007

    Default Re: How to collect over payment on CS

    No I have not done anything with the courts yet. The reason is because my withholding stated it ends 6/1/07. My court papers from the many times I have gone to court for bs has the date of 6/1/07. But my employer states they need the term. notice from CSE to end this and CSE just sent it out 6/14/07. But what happens to the payments I have already made is my question. Over the years I have made almost a thousand dollars in over payments the judge and CSE has told me that is a gift. Well this I see differently for it was CSE fault for not getting the letter out soon enough. For they do not care for the people who do make the payments.

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