back child support that has already been paid, but idpa says husband owes

[jaglady]

What is the name of your state? IL.
My husband and his ex wife have been divorced since 1985. Even though it doesn't state in their divorce decree that she should get his tax refunds for almost 12 years, she got them anyway. My question is my husband has been very faithful about paying his child support and even the back pay he owed, that's why she received all his tax refunds, except for the last couple of years. The il dept of public aid states that he owes a large amount of money for back child support that he has already paid for. What can he do to prove that he has paid all support and back pay, and can he fight this and win???
Any advice would be very much appreicated!
Thanks!

 

[jolida72]

One thing you may be able to do is request that the Illinois dept. of public aid do an audit on his account. My husband had to do this in ny and once they did it they realized he had actually paid it all off and they sent him a check for the difference.

 

[jaglady]

Did your husband have to hire a lawyer?

Did your husband have to hire a lawyer, if so would you mind if I ask you how much it cost him? My husband spoke with a lawyer and she told him just to talk to him and to she what she could do would cost us a $1500 retainer fee. Thanks for the advice it's very much appreciated. Thanks Again!

 

[jolida72]

no my husband did not hire a lawyer....he just called the child support collection unit and requested an audit of all the years that they had him on record. it showed each year and how much had been paid for that particular year.

 

[L_Jovee]

You need to request a print-out of all money that he paid to the state and then compare it to your cancelled checks. If any money was paid to the ex-wife directly you need to include those cancelled reciepts as well. Coming from experience, The State child support division always believe that their computers are right. Unless you can prove by reciepts etc. your stuck with it. My husbands ex wrote a letter of forgiveness to the child support Dept. for all BACK child support and the state honored it but when we got custody they let her open the old case back up and recalculated it and now it is even higher! But if he has a good repore with the ex, ask her to write "A letter of forgiveness" relieving him of the back support. Most states will honor it.