What is the name of your state? Va
What is the name of your state? Va, Child resides in Ga
Hello everyone.
I divorced my ex in 97 and have been paying child support ever since in the form of allotment (pay deduction). The allotment was paid either on the 1st of the month, or the last work day of the prior month. (For instance, if the 1st falls on Sat, the allotment was paid on Friday) My child support was due on the 1st, so this worked out well for both myself and my ex.
Last Feb, my ex opened a case with CSE. i didn't know anything about it until late April (28th) when I recieved notice in the mail. Evidentally it takes a while to go the Ga and then Va. The letter stated that any money given to my ex after reciept of the letter would be considered a gift and from now on I pay CSE rather than my ex directly. I cancelled the allotment the day I recieved the case paperwork but due to the calender date there was no way to stop the allotment from being processed for the month of May.
I asked CSE why the case was opened seeing as I've never been behind or even late for that matter and their answer was "Because she can".
I asked the ex and she said it was easier to have CS collected by CSE as it keeps my ex from keeping up with financial records proving I've paid because my daughter is on Medicaid (I have her covered under TRICare as well, so this makes no sense).
What I really believe is she learned that CSE reviews CS ammounts every 3 years and she can get the ammount increased without having to hire a lawyer. The ex is a compulsive liar so I wouldn't have believed her story anyway.
Stay with me, there's a couple questions coming....
Anyway, I had to prove to CSE that from Feb to May that I've paid. I providied my Leave and Earnings Statement (LES, I'm military) which proved that the allotment was indeed paid for May. The case worker (Who is no longer employed there I learned) informed me that the money they deduct counts towards the prior month and not the next coming month, so from her point of view, I was actually behind a month. I didn't have my decree on hand to prove that CS was due on the first of the month, so rather than argue with her, I wrote out a check and mailed it in on her advise. Those of you that are or have been military know that arguing with a civilian is pointless as you'll lose....everytime.
I finally convinced to my case worker that I am indeed ahead one month in payment and that I am due a reimbursment. I have emails from her where she acknowledges I've overpaid and the paperwork is in the system to get my money back. My case worker stated that my ex would be asked to sign an affidavit stating that she was overpaid. Pointless as she'll no doubt lie about it. I asked that my ex sign an affidavit stating that she had NOT recieved an extra payment as i have proof that she did. So far, all I've recieved back is a letter from CSE stating that since I paid the money directly to my ex, it's not their problem. Remember I paid it on their instructions rather than argue with them.
I can prove that the check to CSE was cashed. I can prove that the allotment went through for the month of May. I can provide the bank account number that it went to, I can provide the original letter where the ex asked me to set the allotment up, and I can provide the direct deposit form with her bank account number on it.
Now, here's my questions, and thanks for sticking with me through this..
1. Can a woman open a case with CSE even though there is no complaint for child support? Doesn't she have to have justification? I'm sure CSE is busy enough with deadbeats.
2. What's my legal course of action to getting my money back? My prior case worker admits that I overpaid, but since she's left. nobody at CSE seems to know what's going on with my case.
Thanks for reading.
Snooch
What is the name of your state? Va, Child resides in Ga
Hello everyone.
I divorced my ex in 97 and have been paying child support ever since in the form of allotment (pay deduction). The allotment was paid either on the 1st of the month, or the last work day of the prior month. (For instance, if the 1st falls on Sat, the allotment was paid on Friday) My child support was due on the 1st, so this worked out well for both myself and my ex.
Last Feb, my ex opened a case with CSE. i didn't know anything about it until late April (28th) when I recieved notice in the mail. Evidentally it takes a while to go the Ga and then Va. The letter stated that any money given to my ex after reciept of the letter would be considered a gift and from now on I pay CSE rather than my ex directly. I cancelled the allotment the day I recieved the case paperwork but due to the calender date there was no way to stop the allotment from being processed for the month of May.
I asked CSE why the case was opened seeing as I've never been behind or even late for that matter and their answer was "Because she can".
I asked the ex and she said it was easier to have CS collected by CSE as it keeps my ex from keeping up with financial records proving I've paid because my daughter is on Medicaid (I have her covered under TRICare as well, so this makes no sense).
What I really believe is she learned that CSE reviews CS ammounts every 3 years and she can get the ammount increased without having to hire a lawyer. The ex is a compulsive liar so I wouldn't have believed her story anyway.
Stay with me, there's a couple questions coming....
Anyway, I had to prove to CSE that from Feb to May that I've paid. I providied my Leave and Earnings Statement (LES, I'm military) which proved that the allotment was indeed paid for May. The case worker (Who is no longer employed there I learned) informed me that the money they deduct counts towards the prior month and not the next coming month, so from her point of view, I was actually behind a month. I didn't have my decree on hand to prove that CS was due on the first of the month, so rather than argue with her, I wrote out a check and mailed it in on her advise. Those of you that are or have been military know that arguing with a civilian is pointless as you'll lose....everytime.
I finally convinced to my case worker that I am indeed ahead one month in payment and that I am due a reimbursment. I have emails from her where she acknowledges I've overpaid and the paperwork is in the system to get my money back. My case worker stated that my ex would be asked to sign an affidavit stating that she was overpaid. Pointless as she'll no doubt lie about it. I asked that my ex sign an affidavit stating that she had NOT recieved an extra payment as i have proof that she did. So far, all I've recieved back is a letter from CSE stating that since I paid the money directly to my ex, it's not their problem. Remember I paid it on their instructions rather than argue with them.
I can prove that the check to CSE was cashed. I can prove that the allotment went through for the month of May. I can provide the bank account number that it went to, I can provide the original letter where the ex asked me to set the allotment up, and I can provide the direct deposit form with her bank account number on it.
Now, here's my questions, and thanks for sticking with me through this..
1. Can a woman open a case with CSE even though there is no complaint for child support? Doesn't she have to have justification? I'm sure CSE is busy enough with deadbeats.
2. What's my legal course of action to getting my money back? My prior case worker admits that I overpaid, but since she's left. nobody at CSE seems to know what's going on with my case.
Thanks for reading.
Snooch