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06-15-2006, 08:10 PM
| | Member | | Join Date: Jul 2005
Posts: 53
| |  Over paid child support
What is the name of your state? Oregon
Short question. If the Division of Child Support (whom is taking the child support directly out of paycheck) takes out too much money from the Obligor's paycheck is it their legal obligation to give a refund check to the Obligor? However what appears to have happen is that the Division of Child Support gave the Obligee the extra money instead of the Obligor. How would one go about getting the over paid child support if the Obligee is a person that is unreasonable and will not entertain the idea of willing giving back the over paid child support? Let me know if you need more detail.  |
06-15-2006, 08:13 PM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,177
| | Quote: |
Originally Posted by second wife What is the name of your state? Oregon
Short question. If the Division of Child Support (whom is taking the child support directly out of paycheck) takes out too much money from the Obligor's paycheck is it their legal obligation to give a refund check to the Obligor? However what appears to have happen is that the Division of Child Support gave the Obligee the extra money instead of the Obligor. How would one go about getting the over paid child support if the Obligee is a person that is unreasonable and will not entertain the idea of willing giving back the over paid child support? Let me know if you need more detail. | One would tell their husband to file a complaint with DCS with full documentation of the error. Or, better still, one would tell their husband to do so through HIS attorney.
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06-15-2006, 08:20 PM
| | Member | | Join Date: Jul 2005
Posts: 53
| | | Thank you
Has anyone out there had a problem like this? My husband did call the DCS and he told me that they were not the most helpful bunch of people. He said that they acted like he was trying to get out of paying. He is going to go to their office tomorrow and talk to someone in person with the documentation from their web site that shows the credit. I just was wondering if anyone out their has gone through this and how did it go or if you have words of wisdom.
On a side not thank you to everyone that has responded to this and my past postings for all your help. It can be very lonely out there when dealing with legal issues. It is nice to know there is a site like this to get some guidance.  |
06-16-2006, 04:51 AM
| | Senior Member | | Join Date: Apr 2006
Posts: 1,903
| | Quote: |
Originally Posted by second wife Has anyone out there had a problem like this? My husband did call the DCS and he told me that they were not the most helpful bunch of people. He said that they acted like he was trying to get out of paying. He is going to go to their office tomorrow and talk to someone in person with the documentation from their web site that shows the credit. I just was wondering if anyone out their has gone through this and how did it go or if you have words of wisdom. | These mistakes happen often. What else would you expect from a state/government agency?? LOL Any CSEA usually will not admit they goofed, instead pulling excuses out of the arse or pointing the finger elsewhere. Usually they will react alot quicker when they hear from an attorney threatening legal action against the agency.
Doesn't your hubby have a withholding order that states the exact amount that is to be held from each check? |
06-16-2006, 09:11 AM
| | Member | | Join Date: Jul 2005
Posts: 53
| | | Here is the Crazy part.
In his original divorce papers it states that he would pay his former spouse directly the child support. Back in 2003 she (without solid reason meaning he was never late with his support checks) went behind his back and filed the papers to have it taken out of his check and did not tell him. So, as a result he was still giving her the checks and she was collecting from the state. This only went on for a month when my husband looked at his paycheck and notice the discrepency. She never did admit to what she did and refused to give back the money. So, now it is taking out of his check directly. This has been okay however, when there is a discrepency it is very hard to correct.
He would like to go back to paying her directly but he is not sure if he can just file papers and have it changed back without getting her approval. Is there a way to do this?  |
06-16-2006, 09:15 AM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,177
| | Quote: |
Originally Posted by second wife In his original divorce papers it states that he would pay his former spouse directly the child support. Back in 2003 she (without solid reason meaning he was never late with his support checks) went behind his back and filed the papers to have it taken out of his check and did not tell him. So, as a result he was still giving her the checks and she was collecting from the state. This only went on for a month when my husband looked at his paycheck and notice the discrepency. She never did admit to what she did and refused to give back the money. So, now it is taking out of his check directly. This has been okay however, when there is a discrepency it is very hard to correct.
He would like to go back to paying her directly but he is not sure if he can just file papers and have it changed back without getting her approval. Is there a way to do this? | Tell him NOT to pay her directly. Otherwise, this could happen again.
If he has proof of the overpayment and if CSE will not help, have him file a small claims action against her
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06-16-2006, 09:18 AM
| | Senior Member | | Join Date: Nov 2001 Location: Monticello, In
Posts: 6,744
| | Quote: |
Originally Posted by BelizeBreeze Tell him NOT to pay her directly. Otherwise, this could happen again.
If he has proof of the overpayment and if CSE will not help, have him file a small claims action against her | BB what statute of limitations would be held on this? According to the OP this happened 3 years ago.... and depending on the monthly amount do you think it's even worth it since it's 'about' a months worth?
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06-16-2006, 09:57 AM
| | Member | | Join Date: Jul 2005
Posts: 53
| | | Thank you
My husband did decide to not go after the over payment that happen back in 2003 because it would cost more in attorney fees then the amount taken. However, since this time it was the DSC that made the mistake he wants it taken care of. He is going to the office of DCS this morning. I will let you all know how it turns out. Thank you once again for you input. |
06-16-2006, 10:02 AM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,177
| | Quote: |
Originally Posted by tigger22472 BB what statute of limitations would be held on this? According to the OP this happened 3 years ago.... and depending on the monthly amount do you think it's even worth it since it's 'about' a months worth? | It's probably not worth it...but the sol would depend on when the 'error' was discovered.
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06-16-2006, 01:24 PM
| | Member | | Join Date: Jul 2005
Posts: 53
| |  Good news
Hey believe it or not DCS admitted they made a mistake and will refund my husband the money he over paid. WOW!!!! I cannot believe it!  | |
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