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  1. #1
    Join Date
    Feb 2008
    Posts
    2

    Default Recovering an Overpayment of Child Support

    Ok first some background info;

    All this has occurred in Cumberland County Pennsylvania.

    In Jan 07 I was laid off from work. I collected unemployment due to the lay off. My CS was automatically deducted from the check. In May of 07 I was found to be disabled and thus unemployable by a doctor due to a medical condition. I informed Domestic Relations of this in writing. Then in June of 07 my unemployment became exhausted.

    In March of 07 my son turned 18. I learned in April of 07 the he had signed himself out of school (quit). I attempted to inform Domestic Relations but was informed by Domestic Relations the it was not my responsibility and they would not follow up on it. I was told it is the custodial parents irresponsibility to inform them. I spoke to the x and she said she was working on it. I left it go under the false assumption that it was being dealt with and a Court Order would be forth coming ending my support. During this time I continued to pay CS until my Unemployment ended. Due to no income I took a job against doctors orders in Dec. 07. My child support once again started being deducted.

    In Nov. of 07 I received a notice to appear for not paying child support (Contempt) with an arearage of $1100. I appeared in court. Prior to going in front of the judge one of the lawyers for Domestic Relations asked for my personal information i.e. name, address. I imparted to him I am there for a hearing on not paying child support for a child 18 yrs of age and not in school and that I am unemployable due to a medical condition. I also told them of the conversation I had with Domestic Relations about him turning 18 and quiting school. Domestic Relations asked for and received a continuance. I was informed by the attorney for Domestic Relations that I had to file for a modification hearing. Which I did.

    In Dec. of 07 we had the modification hearing. At the hearing he was found to have been emancipated as of April 4, 2007 therefore child support ended on that date. Also the contempt hearing was canceled as I was not in contempt.

    Based on the date my son was emancipated with no areeages at that time. I continued to pay $400 a month until June which is $1200. Also in Dec of 07 I payed another $400. Which totals $1600 that I over paid.

    I inquired to Domestic Relations about the overpayment and how to get it back. I was blown off no answers given.

    My questions are;

    What are the procedures to get this money back? Who do I contact?

    What if any recourse do I have against the mother who was fraudulently receiving these over payments?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Non Custodial Father Needs Advice

    Perhaps a motion for reimbursement through the custody court.

    It's not fraud, though. You didn't follow through on getting the support order terminated, so she simply continued to receive money under the existing order. I'll grant that it looks like somebody dropped the ball within the support agency, as otherwise the court would not have ordered a retroactive modification. But I don't expect them to help you recover any money.

  3. #3
    Join Date
    Feb 2008
    Posts
    2

    Default Re: Non Custodial Father Needs Advice

    Quote Quoting Mr. Knowitall
    View Post
    Perhaps a motion for reimbursement through the custody court.

    It's not fraud, though. You didn't follow through on getting the support order terminated, so she simply continued to receive money under the existing order. I'll grant that it looks like somebody dropped the ball within the support agency, as otherwise the court would not have ordered a retroactive modification. But I don't expect them to help you recover any money.
    Thanks for the reply Mr. Knowitall

    I have done some research and found the following;

    Pursuant to 23 Pa.C.S.A. 4321 Rule 1910.17. Support Order. Effective Date. Change of Circumstances. Copies of Order.

    (b) The order shall notify the obligee and the obligor that each is under a continuing obligation to inform the domestic relations section in writing or by personal appearance and all other parties in writing within seven days of any material change in circumstances relevant to the level of support or the administration of the support order, including, but not limited to, loss or change of income or employment and change of personal address or change of address of any child receiving support. The order shall also notify the parties that if a party willfully fails to inform the domestic relations section of the required information, the court may adjudge the party to be in contempt of court pursuant to Rules 1910.25 through 1910.25-6 and may order the party to be punished by one or more of the following: jail, fine or probation.

    Which I did by informing Domestic Relations upon learning of my son quiting school. Domestic Relations refused to take the report. I also informed my x and was told by her that it was being dealt with. Therefore I complied with the law by reporting the change in circumstance. I did follow up with my x and Domestic Relations with a written letter both within the seven day time period. I have learned to leave a paper trail. (cover my butt). My contention is thus; Even if she did not know that his quiting school would stop her from getting child support. My informing her would have at least in a rational persons mind would have raised the question. Therefore a prudent person would have posed the question to the proper authority for clarification. By her not doing so she willfully withheld the information to fraudulently continue to receive the support payments.

    Is my thinking on track with the law and what other redress do I have?

    Also in the code there is not stipulation on how to recoup overpayment's.

    Any suggestions?

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