Child Support Overpayment

[NotAnAttorney]

What is the name of your state? Arkansas

My husband is ordered to pay child support on a bi-weekly basis according to his income. In the beginning, some arrearages accrued because child support enforcement said that he could not set the case up himself, CP had to do it, and the payments HAD to be garnished (he could not pay them on his own) which would not be done until a case had been set up. Once the case was finally set up, an incorrect address was given and so he did not get the paperwork, but his employer did, so he found out when the first payment was garnished plus an extra 10% for arrearages. He immediately contacted Child Support Enforcement and learned that there was also annual fees, which he paid immediately. He then sent another check the beginning of this year for this years annual fees. The annual fees are the only thing they said that could be paid without garnishment. The Court Order also says that his child support is to abate by 1/2 during his summer visitation. We had some trouble with it last year because the Child Support Office makes their own policies on it that contradict the Court Order (another story though). So, he had to send a notice to the Child Support Enforcement telling them that he intended to exercise his summer visitation. They then had to send a letter to CP after the visitation took place and she had to acknowledge that it did take place. At that point, they would credit the account and then allow the abatement. What winds up happening is that, although the visitation takes place for two weeks in July and again for two weeks in August, he pays full support and she receives full support during those times. Then come November, he pays 1/2 support and she receives 1/2 support, although CP has the burden of supporting the child during that time and NCP doesn't. Anyway... so this summer is coming up. My husband sent in his letter letting them know that he intended to exercise his summer visitation. They respond that since he is now overpaid by $255, they are automatically allowing the abatement. Now, my question is... since he wasn't allowed to make his payments on his own and they have garnished every payment... how did he get overpaid? And will he ever get that money back or is it just lost?

 

[Ohiogal]

Many people do have overpayments. The reason being is that the amount of yearly support is divided by the number of pays. But there is an amount per month that is also paid. In other words, if you are to pay 12000 a year in child support that is $1000 a month. Which is 230.77 per week. When you have five weeks in a month (or five pays) then you may get ahead. In other words if he gets paid on Fridays and there were five Fridays in january. All those payments counted towards January and hence he would have an overpayment for January. By the end of the year it would average out however. The other thing is fees are normally included in the garnished amount. So that may have been applied as an extra payment. This is an oversimplified way of looking at it. Clear as mud right?

 

[NotAnAttorney]

Yet, they told him he had to send the annual fees in separate to this particular address, yada, yada, etc... So, will it just sit there as an overpayment until the child is 18 or finishes high school and then does he get back his overpayment or does he lose the money? It's not like it's thousands of dollars... but did the extra already get sent to the CP? I know I sound awful at this point... but he stays current (and apparently ahead) on child support... but still has to pay for the child's shoes, haricuts, provide all medical care if the child gets sick (not court-ordered, she just won't take him to the dr. when he gets sick), the school has in the past had to call him because the child had no lunch money had charged the maximum number of times and so he had to pay for school meals for a while but she corrected that now and sends him to school with a sack lunch, she doesn't provide school clothes for him but refuses to let my husband buy them either (he wears jeans full of holes and we're not talking about what's in style, the child is really bothered and continuously begs us to buy him new clothes).... etc. So, anyway, sorry, I vented a little. Does my husband just lose that money because it was paid or will he ever get it back?

 

[Ohiogal]

Yet, they told him he had to send the annual fees in separate to this particular address, yada, yada, etc... So, will it just sit there as an overpayment until the child is 18 or finishes high school and then does he get back his overpayment or does he lose the money? It's not like it's thousands of dollars... but did the extra already get sent to the CP? I know I sound awful at this point... but he stays current (and apparently ahead) on child support... but still has to pay for the child's shoes, haricuts, provide all medical care if the child gets sick (not court-ordered, she just won't take him to the dr. when he gets sick), the school has in the past had to call him because the child had no lunch money had charged the maximum number of times and so he had to pay for school meals for a while but she corrected that now and sends him to school with a sack lunch, she doesn't provide school clothes for him but refuses to let my husband buy them either (he wears jeans full of holes and we're not talking about what's in style, the child is really bothered and continuously begs us to buy him new clothes).... etc. So, anyway, sorry, I vented a little. Does my husband just lose that money because it was paid or will he ever get it back?

You are right you do sound awful at this point.
YOur husband does not get applause for taking the child to the doctor when he gets sick. buying shoes and paying for haircuts. Buying school lunches is again part of being a father. Your husband's ex doesn't dictate what husband buys. That is called being an adult. He lets her dictate? Your husband is a father. He needs to relaize that most of what he is doing is called parenting. It is a full time job.
If the child is being neglected, then your husband need sto file for custody with the court if he can prove it.
While you are micromanaging child support, you are going to manage to tick off the judge. If there is an overpayment when the child support is stopped he can ask for that back.

 

[NotAnAttorney]

You are right you do sound awful at this point.
YOur husband does not get applause for taking the child to the doctor when he gets sick. buying shoes and paying for haircuts. Buying school lunches is again part of being a father. Your husband's ex doesn't dictate what husband buys. That is called being an adult. He lets her dictate? Your husband is a father. He needs to relaize that most of what he is doing is called parenting. It is a full time job.
If the child is being neglected, then your husband need sto file for custody with the court if he can prove it.
While you are micromanaging child support, you are going to manage to tick off the judge. If there is an overpayment when the child support is stopped he can ask for that back.

I know I did sound awful, shouldn't have even vented that stuff at all. He's not being neglected because my husband takes care of all of it because he's not going to sit around and watch his son do without... he is going to be a father, regardless of custody. I don't understand what you mean by "micromanaging child support". I guess in a way, he does let her "dictate" what he buys for his son simply by her not supplying the things for their son. But like I said, my husband isn't going to let his son do without the things he needs either if it is within his ability to provide regardless of child support. The child already spent half of his childhood with us, he is going to spend the remainder of his childhood with his mother.

So back to the original question... basically, the child support will simply build an overpayment ongoing throughout the years until his son reaches 18 or finishes high school. At that point, it's up to my husband... he can either not worry about it and leave it be or he can make a request to Child Support Enforcement for his overpayment to be returned to him? Is that correct?

 

[Ohiogal]

I know I did sound awful, shouldn't have even vented that stuff at all. He's not being neglected because my husband takes care of all of it because he's not going to sit around and watch his son do without... he is going to be a father, regardless of custody. I don't understand what you mean by "micromanaging child support". I guess in a way, he does let her "dictate" what he buys for his son simply by her not supplying the things for their son. But like I said, my husband isn't going to let his son do without the things he needs either if it is within his ability to provide regardless of child support. The child already spent half of his childhood with us, he is going to spend the remainder of his childhood with his mother.

So back to the original question... basically, the child support will simply build an overpayment ongoing throughout the years until his son reaches 18 or finishes high school. At that point, it's up to my husband... he can either not worry about it and leave it be or he can make a request to Child Support Enforcement for his overpayment to be returned to him? Is that correct?

By that time there may not be any overpayment to worry about. And I was talking about YOU micromanaging child support. You are the step parent. CS is NOT your concern. YOu have spent a lot of time telling us what your husband spends on the child and that you are concerned about his overpayments and everything else. If they are deducting the proper amount from his checks or not that is HIS business. Not yours legally. If you try to involve yourself and worry about nickles and dimes (which you admitted this is not THOUSANDS of dollars) the judge is going to get irritated over the penny ante things.

 

[NotAnAttorney]

Actually, on this particular thread regarding the child support.... here's the thing... my husband is terrible at typing. I am simply the typer for him. He is actually sitting here telling me to type this and to type that. If he had to type it, he would be sitting here all night typing to get out two sentences... not literally, but you get the point. Now, I added in the "at this point I sound awful" because I am always telling him, "You know, honey, it sounds terrible when you say that stuff because it's as if you expect something more for that. But I also understand why he gets frustrated about NEEDING to provide it ALL while also paying his child support. But, all I can do is be supportive of my husband and I understand that.

Also, you're right, it's not THOUSANDS of dollars... but it is $255... a trip to the nearest amusement park one weekend!!!!!