overpayment of cs

[usedstepmom]

What is the name of your state?What is the name of your state?Texas
My husband was never married to the mother of his daughter. His daughter is almost 16. He has been supporting her financially since she was born. He has always sent gifts on birthday, Christmas, etc. and tried to spend time with her as much as possible. We all live in Texas, but there is long distance between us. The mother recently filed a motion to transfer, so the case is now in the county she where she lives and they are in the process of modification. We have in our possession a letter stating that he has overpaid his cs by approx. $4000. Is it possible to have that amount credited toward his future obligation, or is it up to the judge to decide? My husband wants to provide for his first daughter, but has other children to support as well. The mother does not have to pay utilities and has free housing, has recently gotten a new job, and now wants more cs. What can we do in this situation?

 

[BL]

To whom do the CS support payments go to , to the mother or CS agency ?

How much are the payments now ?

 

[usedstepmom]

The payments go to the mother. Including insurance (medical and dental) they are about $500 a month. I am also a dental hygienist and have always taken care of her teeth (with the mother not ever having paid any toward this)

 

[LdiJ]

The payments go to the mother. Including insurance (medical and dental) they are about $500 a month. I am also a dental hygienist and have always taken care of her teeth (with the mother not ever having paid any toward this)

Who wrote the letter that you have in your possession? If it came from the CS agency then eventually he is going to get credit, one way or another, for the overpayment....otherwise they wouldn't have notified him. He can contact them and ask questions.

If it came from another source, then it may require a trip to court to get credited for the overpayment...or sadly, the judge may decide that it was a "gift".

 

[usedstepmom]

It came from the agency. We actually have one that states we can request a refund and one that says we can have it credited toward future payments.

 

[BL]

It came from the agency. We actually have one that states we can request a refund and one that says we can have it credited toward future payments.

What can we do in this situation?

Take your pick and write a letter to the AGENCY telling them which you prefer . Didn't the letters have a contact number on them ?

 

[usedstepmom]

They have the cause number and the amount of the overpayment on them. Would it be possible to do this even after a modification has been done? Actually, we are the ones that contacted them about the overpayment because we needed a printout when we were purchasing our home and that is when we discovered the overpayment. Then they sent us a form confirming it and told us we could request this if we wanted to. We didn't really feel the need at first, but then she got filed the motion to transfer, and that got the ball rolling.

 

[BL]

We have in our possession a letter stating that he has overpaid his cs by approx. $4000. Is it possible to have that amount credited toward his future obligation, or is it up to the judge to decide?

How soon is the modification hearing ?

If the hearing is soon, I'd just take the Letters from the Agency with you. The Judge could order the refund ( as the Agency apparently has that amount in their possession ) , or order a suspension until that amount is used .

If the hearing is over 30 days away you could request a refund if you wish , I'd imagine .

Plus consider the possibility the hearing be rescheduled for another 2 - 4 weeks or more .

 

[usedstepmom]

The letter from the AG's office that told us when the hearing was scheduled was sent the an incorrect address, and I think they already had a hearing. Is it possible for a modification to be determined if we aren't there for the hearing? I am hoping that hearing was just for the transferring of the case to her county. I don't think they could modify without our knowledge, could they? We really do have some issues that need to be brought up at the hearing.

 

[BL]

Call them and find out. If it was a totally bogus address , you might be able to make a motion to set it aside and reschedule it .

If it was an address of yours and you didn't show, yes the hearing could go on without you.

Call the AG, and the court where the Petition was entered, and ask them about the records of hearings or Petitions .

What makes you say they sent the Petition to a wrong address ?
Did you receive it somehow later ?

You could always send for the refund of the overpayment and see if they send it , or if they reply with what's going on .

 

[usedstepmom]

My husband has a friend who is an attorney who is supposedly helping him on his case. I guess he is "technically" his attorney. He has two offices and he said that they sent the letter to his other address and he received the letter and they had already had a hearing and they were going to modify, but he didn't know what they would do about the overpayment. My husband tried to get in touch with him, but he was already gone for the holidays. I suppose it wouldn't be possible to call the AG's office and get any information since the case is being handled by an attorney. This is such a complicated situation. I was a little upset that this case is supposed to be in the hands of an attorney and an hearing was held without us, so that is why I was trying to get information elsewhere. If all this did happen, and they did hold a hearing without our presence, would it be possible to request a new trial? Maybe we just need to find another attorney

 

[BL]

You really need to contact the court and see what proceedings have taken place or are on the docket , and try and get records of them .

 

[usedstepmom]

I really appreciate your time. Thank you.