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Refund of overpayment?

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jbowman

Senior Member
What is the name of your state (only U.S. law)? CA

Hey all, its been a while. I have a quick question for you.

My boyfriend received a couple checks from the state for overpayment of CS. (CRAZY, RIGHT??) Anyways, his wages are garnished etc.

Well, mom has called and said she has not received CS and when she called the agency, they told her that they made an error by sending him the checks and she should call him to recoup.

I told him NOT to give her the checks. I told him to hold them in case the State decides to double dip him next time they garnish. What say you?
 


ecmst12

Senior Member
If he agrees the overpayment was in error, then he should give the money to its rightful owner - MOM. YOU should stay out of it.
 

jbowman

Senior Member
If he agrees the overpayment was in error, then he should give the money to its rightful owner - MOM. YOU should stay out of it.
Hahahha ok. Im staying out of it. Child support is out of the hands of the NCP (or person paying it) when that payment comes out of their check. This is what I have learned on this site over the last couple years.

I dont find it very smart to hand over the money when the state will most likely fix their error and garnish his checks FOR the error they made.

Im not arguing because "i dont like what I hear". I just dont think it is smart to just hand it over.
 

Zigner

Senior Member, Non-Attorney
Hahahha ok. Im staying out of it. Child support is out of the hands of the NCP (or person paying it) when that payment comes out of their check. This is what I have learned on this site over the last couple years.

I dont find it very smart to hand over the money when the state will most likely fix their error and garnish his checks FOR the error they made.

Im not arguing because "i dont like what I hear". I just dont think it is smart to just hand it over.
Your "advice" is an excellent way for your BF to find himself in contempt.
 

jbowman

Senior Member
Your "advice" is an excellent way for your BF to find himself in contempt.
How is that? I feel like im in La La Land. If he hands over the check that came to him from the state and then the state fixes the error and garnishes his check DOUBLE to make up for it, where is he then? She is not going to give the money back to him.

He is living up to the court order and paying his child support. Every week. It is garnished. Never missed a payment.

He would be in contempt because he didnt hand cash to his ex when his check is garnished every week?
 

ecmst12

Senior Member
There is only so much that he can be garnished. They can't take more then the max out of his check no matter how far in arrears he is. If the state told mom to recover from him, then they probably aren't able to do it themselves. But by all means, he can call the state and make sure that he will get credit for it if he pays mom himself.
 

Gracie3787

Senior Member
What is the name of your state (only U.S. law)? CA

Hey all, its been a while. I have a quick question for you.

My boyfriend received a couple checks from the state for overpayment of CS. (CRAZY, RIGHT??) Anyways, his wages are garnished etc.

Well, mom has called and said she has not received CS and when she called the agency, they told her that they made an error by sending him the checks and she should call him to recoup.

I told him NOT to give her the checks. I told him to hold them in case the State decides to double dip him next time they garnish. What say you?
You are correct that he should not give the checks to ex.

What he should do is to take them into the CSE agency and they can give the checks to ex, that way he will get credit for the payments.
 

CJane

Senior Member
You are correct that he should not give the checks to ex.

What he should do is to take them into the CSE agency and they can give the checks to ex, that way he will get credit for the payments.
This is along the lines of what I was thinking.

First of all, is he taking his ex's word for what CSE said? That's not too bright.

HE needs to call them and find out if it really was an error, and then make arrangements (if necessary) to pay CSE back. THEY will then credit his account, and pass the payment on to the ex. It makes no sense for them to say "Yeah, we jacked it up, call him and ask him for the money and we're square."
 

VeronicaLodge

Senior Member
You are correct that he should not give the checks to ex.

What he should do is to take them into the CSE agency and they can give the checks to ex, that way he will get credit for the payments.
thats what i was thinking. return the checks from wence they came, not to her.
 
I agree with several people here. I absolutely would not give it to mom, but would definitely contact CSE and if their is an error give the checks to them. That way everything is cleared up and documented. They will process them, mom will get her money, and Dad has PROOF of it in the CSE system.

Definitely have Dad find out from CSE for sure to clarify error/or not. If their is then it is easily remedied thru them, if not, he has extra cash.:D

Giving it directly to the other parent is always a bad idea in my opinion because then you may have to pay it twice. To the other parent, and thru higher wage garnishments since the CSE wouldn't show that is was in fact paid back to Mom.

Just sayin...and good to see you again:D
 

jbowman

Senior Member
Im so glad that some of you actually thought this through instead of telling me he would be in contempt and "he should give the money to its rightful owner - MOM". Amazing advice I received in the beginning. :confused:

Anyways thanks, I just wanted to make sure that it was correct that he shouldnt just hand it over as she claimed CSE said.

ETA -- its great to see ya'll again too. Happy New Year!
 
Last edited:

TheGeekess

Keeper of the Kraken
Im so glad that some of you actually thought this through instead of telling me he would be in contempt and "he should give the money to its rightful owner - MOM". Amazing advice I received in the beginning. :confused:

Anyways thanks, I just wanted to make sure that it was correct that he shouldnt just hand it over as she claimed CSE said.

ETA -- its great to see ya'll again too. Happy New Year!
I myself was wondering why you were getting that kind of advice. How often have we posted "Never take legal advice from an ex?" :eek:

But I agree with the correct ones. Checks back to CSE. If Mom is supposed to have that money, let them write her the check.

Happy New Year to you, too, J... Hope things are going well in your little part of the country. :p
 

CourtClerk

Senior Member
I say he makes the payment BACK to SDU, NOT give it directly to her. Once he makes the payment, call CSSD and ask for an audit of the CS account. SPEAK TO A SUPERVISOR..or bette yet, go into the office.
 

jbowman

Senior Member
Well, small update. This has all happened in the last 2-3 weeks. Today she texted him saying "you owe me $xxx.xx, if you want to stay out of jail send it to me" Eesh.
 

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