Blended Families

I overpaid on CS

So I had been paying DH's CS since he lost his job until his unemployment kicked in. We had no idea when it would kick in, if he was approved ect. I had made some payments and then we started getting his unemployment and they had already taken out CS from that amount. Which basically leaves very little unemployment, but whatever (it freed up that amount I was spending on CS myself). I figured that meant we might have overpaid for that last week because I didn't know what he was paid through with his former employer. I just would send a payment when he normally would have gotten paid. We have a website that we can access but it only shows past payments and the amount due each month and any arrears. So you can't tell what time period each payment applies to. Like for example, if a payment was withheld from an employer was it for that current month or paying ahead for the next month and since we eventually want to buy a house I did not want arrears to pop up again on DH's credit.

Anyway, we got a paper in the mail today that says we overpaid by $746. They are obviously behind in their paperwork as it's been a few months since I stopped making the payments myself. So they note that they applied it as "pre-paid" and forwarded the excess to BM. It then goes on to say that our obligation could end earlier as a result of pre-paid amounts.

Ironically, a few years ago when I recieved a large sum from my Ex in which he was trying to catch up on arrears and overpaid. I called and asked why I got a larger amount. The CS office told me that they weren't sure but they had called BD and asked him if he wanted the money refunded or sent to me and according to them he said send it to me. Of course, he is in arrears again now so it was a wash for him. Just strange how they did things differently this time.

And I have to laugh at "pre-paid" CS....really? Glad we weren't hurting at that exact moment because that's a lot of money that she got extra.

DD(14),SD(13),SS(11),SS(9),DS(3)

Re: I overpaid on CS

  • Oh my. That sucks.
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  • I think since they marked it as prepaid that YH unemployment shouldn't have CS taken out until it's needed again...maybe I'm not positive
    IAmPregnant Ticker}
  • Do you currently have a lawyer? A while ago DH's employer overpaid child support. By the time payroll finally got things fixed BM had gotten $1500 extra. CS enforcement told DH it would count as a credit at the end of him paying CS. They said that they couldn't do anything else and for us to work it out with BM. We did thinking we had no other choice. DH mentioned it to our lawyer when he went to talk about child support recently. According to her CS enforcement was wrong and if she had been our lawyer she would have gotten CS to stop until BM was caught up.

    Our lawyer is going to try to get this fixed for us now but said it may be too late. If you have a lawyer ask them about this. I've had a lot dealings with CS enforcement first and then a lawyer later on many issues. There are so many times when CS has no idea what they are talking about and what the law actually says. Don't just take their word on this. There may be nothing you can do but it doesn't hurt to ask.

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  • That happened to us a few years ago when SO was out on sick leave after a knee scope. It took a while for STD to kick in, and when it did it took out all of the CS obligation. BM acknowledge it but refused to work with SO and the Clerk's office to pay it back. Clerk's office said it was an easy fix, all it took was filing a form and then it would be noted on the system. Since BM refused, SO took it to court and was awarded the overpayment. The judge reamed BM for keeping funds she knew was an overpayment and not doing the right thing in working with us to fix the issue. He literally had her in tears.
    ~Amy
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