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overpaid child support PLEASE HELP

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JERRYLBOLES

Junior Member
Arizona, I am an Apartment Manager and we just went through a changing of owners on the fitst. I'm on salary and get paid bi monthly. Child support is taken out twice a month. My previous employer verbally agreed to give me 3 months severants pay at the end of the sale. The company does payroll through a payroll co. They made up 7 checks for the last pay period of December and 3 months of takehome salary. What they also did was takeout 7 child support payments as well. when they were only supposed to takeout 1 final payment for December. So basically my ex will get 3 extra months of child support for this month. Having spent the last 2 days of them telling me it was the law to takeout from each payroll check and failing to realize that once the total of support obligation was met. That is no longer true, and they should have only paid the necessary total for the current month, as my new employer was doing what she thought was right by paying the first installment of child support for this month. Instead of admitting they made a huge mistake and stop the electronic process from proceeding to the support center, where once it is in their system it is a done deal. They made numerous attempts to cover their ass by not returning my calls or when I got through to them they told me I have to try to stop it myself. Am I just SOL or is the payroll company obligated to pay me for their stupidity.
Thanks in advance for any help,
signed FRUSTRATED
 


JETX

Senior Member
JERRYLBOLES said:
Am I just SOL or is the payroll company obligated to pay me for their stupidity.
Your landlord had no choice but to abide by the court order that they were presented with. It is NOT their responsibility to keep YOUR problems straight. It was up to YOU to contact them in WRITING prior to the checks being issued and let them know of the SPECIAL conditions. You failed in doing this.. it is NOT their 'stupidity'.

Your only recourse now is to ask your ex for a refund of the amounts.... or to contact your state child enforcement and try to get them to make an allowance for the overpayments that YOU caused to occur.
 

NotSoNew

Senior Member
you can child the CSE office (who your payments go through) and tell them what happened. they can place a hold on your account so you wont have to make any more payments till you "catch up" BUT you have to let your job know this and make sure they stop making payments!

my BF just got a bonus check and we we petrified they were going to try to take CS out even though we told them 800 times that they didnt have to. luckily they didnt! also we have overpaid before and did the above to get it straightend out!

good luck!
 

JERRYLBOLES

Junior Member
Overpaid

I did let them know while there was still time to stop the payments from going through. I was on the phone back and forth to the support center and was told that there was no record of payment in their system and that the payroll company was the only ones to stop the transaction from going any further and they were wrong in stacking the payments once the total for the month was paid. Their first response was that if my employer called and told them it wasn't to be paid as wages but as a bonus they could resolve it. I called my boss they assured me it was no big deal and could be fixed. An hour later called me and said no it was already processed and the only thing at that point was for me to pay $25.00 fee per check to stop payment. I agreed to pay the total to stop payment on the checks. The last call I got from the payroll company was that they couldn't stop payment in any way. Needless to say that was their last call to me of the business day. While the support center asurred me there was still time for them and only them to stop the transaction. That was at or near 5 oclock.
 

JERRYLBOLES

Junior Member
overpaid

I have arrearages that I pay monthly too so any overpayment goes towards that and not set forward for payment in the coming months.
 

JETX

Senior Member
JERRYLBOLES said:
I have arrearages that I pay monthly too so any overpayment goes towards that and not set forward for payment in the coming months.
Then no harm, no foul. Late payments are offset by overpayment. Karma works. :D
 

LdiJ

Senior Member
JERRYLBOLES said:
Arizona, I am an Apartment Manager and we just went through a changing of owners on the fitst. I'm on salary and get paid bi monthly. Child support is taken out twice a month. My previous employer verbally agreed to give me 3 months severants pay at the end of the sale. The company does payroll through a payroll co. They made up 7 checks for the last pay period of December and 3 months of takehome salary. What they also did was takeout 7 child support payments as well. when they were only supposed to takeout 1 final payment for December. So basically my ex will get 3 extra months of child support for this month. Having spent the last 2 days of them telling me it was the law to takeout from each payroll check and failing to realize that once the total of support obligation was met. That is no longer true, and they should have only paid the necessary total for the current month, as my new employer was doing what she thought was right by paying the first installment of child support for this month. Instead of admitting they made a huge mistake and stop the electronic process from proceeding to the support center, where once it is in their system it is a done deal. They made numerous attempts to cover their ass by not returning my calls or when I got through to them they told me I have to try to stop it myself. Am I just SOL or is the payroll company obligated to pay me for their stupidity.
Thanks in advance for any help,
signed FRUSTRATED
Your problem was that they processed seven checks, instead of one check for the entire amount. If it hadn't been done that way, you wouldn't have had the problem. They wouldn't have done it that way unless instructed to do it that way. You may be sol since you have arrearages.
 

NotSoNew

Senior Member
yes since you have arrearages, then you are out of luck! but hey your arrearages are getting paid off!
 

JERRYLBOLES

Junior Member
overpaid

I agree with both the previous reponders. I still think the payroll co. while processing the checks one at a time would say that's alot of child support payments for 1 month. When I made them aware of the problem and my employer agreed they should do what's necessary to stop payments. They failed to that respond to me or the support office to make the changes. The manager and person that was involved were in a closed meeting for the day.
 

Neal1421

Senior Member
If you have arreages and the payments went toward that then let it go. You may be out of the money now but in the long run you will end up saving money as arreages draw interest.
 

JERRYLBOLES

Junior Member
overpaid

I'm not disputing the arrearages, I pay each month to that as on top of the inital support. My issue is with the payroll company and the fact that they were the only ones with the ability to stop the overpayment and chose to ignore it and let it stand as is.
 

NotSoNew

Senior Member
but there is nothing you can do, what is done is done

the money went towards an acutal debt you owe, even if it was an error

you issue is with the payroll company and they are not going to give you the money BACK, it went towards your debt. i understand your fustration but it cant be un done now.
 

Neal1421

Senior Member
JERRYLBOLES said:
I'm not disputing the arrearages, I pay each month to that as on top of the inital support. My issue is with the payroll company and the fact that they were the only ones with the ability to stop the overpayment and chose to ignore it and let it stand as is.
Even if the payroll company was to say that they would give you your money back, since it has already been sent to the child support agency, you will not get your money back as it has been posted to your arreages. Bottom line, you are not getting your money back.
 

JERRYLBOLES

Junior Member
overpaid

I appreciate all the responses even the more than obvious ones. I know what's done is done, the fact is they were not legally obligated to pay more than the monthly court ordered amount. Which they did, repeatedly, at some point during the process of making these payments no one thought that was alot of payments in one month and given the chance to correct it didn't. At least own up to the fact that they stepped in the pile of s**t and wiped it off on me.
 

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