Ex overpaid cs

[ruthietrimm]

What is the name of your state?GA

Approx. 9 years ago, I had to take my ex to court for contempt for non-payment of cs and medical expenses. His income deduction was raised to cover all the arrearages. He was suppose to do that for a year. He went into a higher paying job and new his normal cs was way lower than what he should pay; therefore, he never went to his employer or contacted the attorney to lower it back down. 7-1/2 yrs later he decides he isn't going to work or pay cs anymore. I turn him in for not paying to the support enforcement office. They said he has overpaid over $17,000. I recently heard that it was his responsibility to have that stopped and since he voluntarily overpaid - that is his fault. And now he hasn't paid anything since last August and that I can take him to court for contempt for cs since he hasn't paid.

If i hire an attorney, do you think it would be wasting my time and money - is this true or is it my fault. Is there any code or case # or something that is referenced to this type situation that i can be aware of before I go spending alot of money to have him begin paying again or is it correct that all that extra will go towards my son's support for the next 7 to 8 years?

 

[stealth2]

You may find it worthwhile to have a consultation with a local attorney. Many offer free or low-cost consults.

 

[Inquiry123]

Whose fault is it?

OK...If he continued to pay the increased monthly amount of withholding ordered after the one year time period, then every month after that would be credited to him as an overpayment.

No, it doesn't mean that he "looses out" on the additional money paid -- it means that as far as the state is concerned, he has made payment in advance.

If you did not request a modification of the original support order (and we know he didn't) then he was never obligated to pay any additional amount regardless of his higher salary.

Yes, he can quit working. He can quit paying. As long as the $17K that he has paid "in advance" covers through the time he would no longer be obligated to pay.

You can request a modification of the support amount now. But, based on his "unemployed" status, wouldn't it be a bummer if his obligation actually DECREASED and you received a LESSER monthly amount from the $17K he has already paid?! I agree with stealth...check with a local atty or CSE to explore your options.

 

[ruthietrimm]

ex overpaid cs

According to what an attorney told me - there is no credit or "advance" in Georgia. If somebody voluntarily overpays - that is his fault. The paralegal at my attorneys office said they recently represented a case that the client paid $25 a week over - he was taken back to court and the judge said you will now pay this and they said - "well, wait - he has a credit!". Judge nope, if you have voluntarily paid this - in which my case, he is responsible to go to his employer once he knew he had paid the arrear amount off and ask them what he needed to do in order to stop that amount. However, she said the judge even had a code number to reference to.

My question now is, does anybody know if there is a way to get this code number without calling my lawyers office back to ask her what it is.

By the way, he is back to work and has been for a few months. Once I went to Child Support Enforcement - he got a job right away cause he told his new wife that I was going to put him in jail for non-payment. From what I was told, he is still in trouble with that - he will be taken back to court for contempt (which isn't the first time).

 

[nextwife]

Except, if the "extra" was paid by a witholding order, was he "voluntarily" paying extra, or did the fact that it was garnished make the payment involuntary?

 

[VeronicaGia]

You say he never increased his child support when he got a raise (not that he had to) and you also say he's overpaid by $17k. It sounds like you got paid a lot more than you should have and you're complaining about it. And $17k is not pennies either.

I also agree with nextwife - his payments were garnished. He didn't voluntarily pay, he was garnished with a court order. Maybe he should sue you for the $17k overpayment?

 

[ruthietrimm]

according to what they told me - he never went to his employer to see what he needed to do to have them go back to the original income deduction order. he left it to me - of course, i knew at that time he was making alot more money and i told him that i would have it modified and so he didn't want to go there and chose to left it the way it is. also, he was ordered to have insurance on the child and he didn't - we had it. at which he was originally told he would have to pay 1/2 the premium for me and the child. which i did not make him pay and we had the insurance until he finally remarried and she put the kid on her insurance. sooooooo, to me - he was paying enough to cover the insurance as well. he also knows that he was paying pretty close to the 20% of what he was making that is why he didn't do anything about it. his first response was "i have to pay something - he is my child too!" he knows he paid the fair share - when he received papers saying something different - his wife is the one that is now putting her guards up. No, i'm not being money hungry either - but when any man runs around on his pregnant wife and than thinks he isn't going to do anything to help take care of him - until he is made to do so - his son deserves every penny he can get. when the child was a newborn - he had nothing to do with him and wouldn't pay - that is why his wages was garnished. No, it's not my fault he voluntarily continued to let his employer deduct that amount out - he had every right to call my attorney - since he was ordered to pay them payments (attorney fees & court cost) as well. now, why would the blame be all on me! he has all the documents I have with his letter head, etc - he could have contacted the lawyer and he could have went to his employer - but, he chose not to. according to my divorce attorney - this was his responsiblity.

which i'm still hesitant on spending all that money for the attorney without being able to see a copy of the code myself!!!!