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  1. #1
    Join Date
    Jan 2010
    Location
    orange county, california
    Posts
    13

    Default California Child Support Overpayment

    My case involves an overpayment I made combined with tax intercepts and the result of an audit determining that support was overpayed for months the child wasn't with the mother. The overpayment was $5000. To repay me they informed me to pay 1/2 support obligation until the support overpayment is cleared up. My x wife closed the case and then reopened the case and now the support overpayment doesn't show up.

    I feel like the local Css may have advised her of how to get around the overpayment and that is why she closed the case.
    questions.

    How can this be?

    Also we stipulated to $335 a month back in 2000. That is for 1 child. Can the CSS change that stipulation.

    Also I provide private health and dental insurance for my child through a private insurer at about $200 a month.
    Can this be offset against support?

    Thank you for your time and service to this community for aswering interesting issues. I enjoy it very much and it helps alot of people out

  2. #2
    Join Date
    Jan 2009
    Location
    California
    Posts
    397

    Default Re: California Child Support Overpayment

    If the court order says you pay $335 a month, then do that. I don't think that CSS can change the stipulation, only a new and modified court order can do that, unless you get behind, which they will charge you for arrears.

    I would make an appt and talk to them face to face about the overpayment... be relentless... dont' give up.

    And I honestly don't know for sure, but I think that insurance and CS are different. Paying $200 a month for insurance has nothing to do with CS (the actual money going to the kid).

    Good luck

  3. #3
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: California Child Support Overpayment

    No, you can't offset the medical insurance costs. It's a child support AND medical support order. They are not one in the same.

    As for the overpayment, it's ridiculous to think that someone at CSSD would advise her to do such a thing... go back into court and have the judge recognize the overpayment on the case. He will modify the order.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  4. #4
    Join Date
    Jan 2010
    Location
    orange county, california
    Posts
    13

    Default Re: California Child Support Overpayment

    Thank you...will do

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