Recovering Duplicate Child Support Payments - California

[Daddy531]

Hi, I just discovered last Friday (4/10) that I have been sending child support payments to my ex on top of my employer taking payments out of my paycheck. I found out that this has been happening since October of last year. Back in August 2014 we came to an agreement for child support that was to begin on September 1st. I immediately setup auto payments from my bank account that had been in place until last Friday. Evidently my ex sent an income withholding form to my employer in October, even though she had been receiving my checks for two months, and they began taking deductions from my pay in November.

Unfortunately, I didn't notice the deductions from my pay because I have direct deposit so I don't get a pay stub. Also, my net pay went up at the same time due to hitting my Social Security max contribution so I didn't have a drop in my net amount. I only noticed on Friday because I got my final paycheck with a stub.

My question is how can I get back the duplicate payments I unknowingly made? My ex is very vindictive so she will not voluntarily give the money back. She makes over $90k per year as a cop, and I pay her $1,400 per month in child support so she doesn't need the money.

Thanks in advance for you help.

 

[BL]

You can file for a modification and show all your bank statements plus proof of your direct payments back to the date your employer started taking CS payments out and request that you be credited for the over payments ,and CS suspended until it's used up in the future.

also obtain prior pay stubs or a print out of the deductions.

 

[Zigner]

Your employer is REQUIRED to give you a copy of the incoming withholding order prior to beginning the withholdings. You knew it was coming. Furthermore, your employer is required to provide you with a stub. You knew it was there.