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overpaid child support

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candy5845

Junior Member
What is the name of your state?OHio
Child custody was changed from the mother to the grandmother, and child support was to be reduced, however, my workplace continued to take out the original amount, as well as the new amount. Aside from suing the mother for the overpaid amount, I want to make a motion to the court to apply the overpaid amount to the new child support agreement, and need to know how to do this.
 


abstract99

Senior Member
Well forget about suing mom because she didn't do anything wrong, it was the CS agency that MIGHT have messed up. Every time that you get your CS changed you should take your new Order of Assignment to your employer. I don't know how you expect to get the money back from mom and still have the overpayment credited to your account. It makes no sense.
 

BL

Senior Member
DID the New order supersede the old order . and was your Employer Aware ?

Obviously the Employer would have gotten the Paperwork to with-hold .

I mean it doesn't take a rocket scientist to figure it , unless of course you have a farm full of kids :D

If so maybe the Employer owes you ?
 

rmet4nzkx

Senior Member
candy5845 said:
What is the name of your state?OHio
Child custody was changed from the mother to the grandmother, and child support was to be reduced, however, my workplace continued to take out the original amount, as well as the new amount. Aside from suing the mother for the overpaid amount, I want to make a motion to the court to apply the overpaid amount to the new child support agreement, and need to know how to do this.
Candy just who are you in all of this this time? Is this about you or is it about your boyfriend?
 

ablessin

Member
You are not going to be able to sue momma.
You're also not going to get money back from your employer.
They are garnishing because they got the papers from the court telling them to do so. Now, on the one hand, it would certainly stand to reason that the first deduction be stopped when the new one started, and perhaps that was overlooked by the person who made the entry.
It's probably automatic and if human eyes are not scrutinizing your paystub, no one at payroll processing probably realizes what is happening.
YOU need to take action...... go to HR and let them know - take the orders with you and point out (take a paystub with you) the error.

Then, you need to go to CSEU (child support enforcement unit) and work something out with them. If they do a credit, it's going to be a pain in the neck in the long run - - you're better off asking them for a refund of the difference. Don't let them tell you that they can't do it, because I know for a fact that it can!!!!
 

BL

Senior Member
ablessin said:
You are not going to be able to sue momma.
You're also not going to get money back from your employer.
They are garnishing because they got the papers from the court telling them to do so. Now, on the one hand, it would certainly stand to reason that the first deduction be stopped when the new one started, and perhaps that was overlooked by the person who made the entry.
It's probably automatic and if human eyes are not scrutinizing your paystub, no one at payroll processing probably realizes what is happening.
YOU need to take action...... go to HR and let them know - take the orders with you and point out (take a paystub with you) the error.

Then, you need to go to CSEU (child support enforcement unit) and work something out with them. If they do a credit, it's going to be a pain in the neck in the long run - - you're better off asking them for a refund of the difference. Don't let them tell you that they can't do it, because I know for a fact that it can!!!!
Hello . It's all in a Court Order . The Posters NEEDS to Petition for a Modification. Have It order a reimbursement ( REFUND ) .
 

vlada

Member
Can someone explain this:
1.CSU in only a middle man between the employer and a custodial parent. Once they get a check they transfer it to the receiver. So, they don't actually have that extra cash in their hands to refund the overpayment.
So, if I'm right, the refund process works just like arrears.

2. If the custodial parent received all overpayments, why than he/she can't be sued for money?
On my opinion, if a custodial parent gets extra check, she/he is not supposed to even cash it.
 

candy5845

Junior Member
How do I Petition for a Modification. Have It order a reimbursement ( REFUND ) OHIO
 
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syskjw

Member
I recieve a child support check and on the buttom of the stub it states if this amount is not correct please contact Child Support.
 

BL

Senior Member
candy5845 said:
How do I Petition for a Modification. Have It order a reimbursement ( REFUND )
I'm not sure how it works in Ohio , but check out your Courts there . Ask how to file a modification Petition .

Either way when you get in there , request that the Judge Order to rectify the Matter any way he's allowed . He/She may even tell you what's the RIGHT way . If you ask , many Judges are willing to tell in Court .
 

candy5845

Junior Member
I already contacted the court. they said to file a motion to apply the overpaid amount to the new order. I need a copy of a similar motion so as to be able to draft one. OHIO
 

BL

Senior Member
candy5845 said:
I already contacted the court. they said to file a motion to apply the overpaid amount to the new order. I need a copy of a similar motion so as to be able to draft one. OHIO
I'll be honest , I don't know Oh's ways . I'm sure a seniour member will come along , or someone with " knowledge , or experience " to help you along .
 
I

itsacatsworld

Guest
If the original wife was worth it take it out in 100 bucks a night. If shes not a skank. :D
 

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