overpayment of child support

[spieslikeus]

What is the name of your state?TX

My ex changed the amount of child support (by hand) that was ordered by the judge. She simply went into the district clerk's office, requested the divorce decree, x'd through the typed amount and wrote another amount in. At the time, I was making child support payments through the district clerks office.

She then filed with the Attorney General's office claiming I wasn't paying the correct amount. The Attorney General's office HONORED her handwritten amount which then put me in arrears.

At one time, my wages were being garnished for the incorrect amount of child support plus an extra $150 in arrearages. This went on for awhile, I was trying to save for an attorney so that I could get it cleared up.

We've gone to court, the correct wage witholding has been issued. Charges are being pressed against ex for fraud. My question is: Will I ever see the almost $10,000.00 I have overpaid? Surely it can't be considered "a gift" when it was garnished from my wages. And if I were to ever be paid back, does it come from her or the state?

I was told by my attorney that I would be reimbursed. That was over 3 months ago and now I'm being charged for every phone call to the attorney to discuss the matter. I can't afford it anymore. The AG's office just gives me the runaround. Please help me.

 

[Grace_Adler]

I'm sorry, the only thing I can think of that might work is to sue her for the money. You can use pending charges against her to help you win your case I imagine or wait until she has been convicted.

 

[spieslikeus]

So that's it. The only way to get it back would be from a civil suit with her? Even though the reason it was being taken to begin with was an error by the State. Because some caseworker didn't think an "X" through the correct amount was anything to be concerned with? I'm sorry I think the state owes me. Getting anything out of her would be impossible.

 

[Smarty Panties]

I tend to agree with Grace. It's been my experience that the state never takes responsibility for their screw ups. Man it's gotta be infuriating but what does your lawyer say? Who does he/she think will be paying it back?

EDIT: I had a thought..maybe after she's convicted for fraud (if she doesn't go to jail) you can ask the judge to suspend your child support until the overpayment is satisfied?

 

[Grace_Adler]

You can try to sue the state if you want but I don't think it's gonna work, especially if the money was not for any type of government assitance and the money was sent directly to her by the state or however you pay support there. If you sue her and win, they will put a judgment on her and there may be other remedies you can seek to collect the money.

Also, there may be a chance if you win the suit that you can have it ordered or request all that extra money you paid be credited towards your payments. You're gonna have to prove you overpaid but I think that is a good possibility you can do that.