Where does the extra go?

[pondering]

What is the name of your state (only U.S. law)? MI

The FOC has me set up so my payments come out of my check, and it seems like a couple times a year someone messes it up and takes out and extra payment. So where does that go? They told me after my child becomes an adult and I am all paid in full the extra will be given back from all the years but does this really happen? The mom would never tell me if she is getting extra (it is fine if she was) but I am curious where it is actually going.

 

[Zigner]

When all is said and done, you can seek reimbursement from the ex.

 

[pondering]

Thank you for your reply. Is that something the court keeps track of and will do at my request? There is no way she is going to do it willingly and when I ask the courts about it they just give me the same answer, I don't even know how much it has been.

When all is said and done, you can seek reimbursement from the ex.

 

[Zigner]

You will need to be able to prove the overpayment.

 

[Proserpina]

OP, are you sure this is actually an over-payment versus the way the calendar works with regards to your paychecks?

 

[gam]

What is the name of your state (only U.S. law)? MI

The FOC has me set up so my payments come out of my check, and it seems like a couple times a year someone messes it up and takes out and extra payment. So where does that go? They told me after my child becomes an adult and I am all paid in full the extra will be given back from all the years but does this really happen? The mom would never tell me if she is getting extra (it is fine if she was) but I am curious where it is actually going.

Possible they could be sending overpayment to mom, but in all the cases I have seen mom is not getting an extra payment. They leave it there, and it catches up at some point, usually when a new order starts.

How often do you get paid? Do they garnish every check? Do you have the paperwork FOC sent you on this current granishment that breaks it down by base CS, medical, childcare, arrears and payday? How long has this current order been in place?

Your entitled to a yearly accounting, it's best to request this in writing, you can drop that off at FOC or mail it to them. If you go to the following
https://www.misdu.com/secure/default.aspx

You can sign up on misdu and you can have a look at your accounting anytime you want. Once you sign up, it takes about 2 weeks to get your password, they mail it(at least they did, but that info will be on there).

 

[TinkerBelleLuvr]

You have the legal right to ask for an accounting from FOC.

chances are that what is happening is what appears to be an overpayment. For example, the courts say that you owe $400.00 per month. You get paid every other week. The amounts take from your check isn't $200.00 every other week. Rather, what is calculated is:
1. $400 * 12 months = $4800.00 annually
2. Divide the $4800 by 26 weeks = $184.62 every two weeks.

ANNUALLY, it works out to $4800.

 

[mistoffolees]

What is the name of your state (only U.S. law)? MI

The FOC has me set up so my payments come out of my check, and it seems like a couple times a year someone messes it up and takes out and extra payment. So where does that go? They told me after my child becomes an adult and I am all paid in full the extra will be given back from all the years but does this really happen? The mom would never tell me if she is getting extra (it is fine if she was) but I am curious where it is actually going.

Ask for a detailed accounting.

 

[pondering]

It usually only happens with vacation days towards the end of the year, or when I am laid off/on disability. For some reason my work likes to pay part of it in advance. For example I took off 1.5 days. They paid me for them the week before I took off and took a percentage of the support out, so the next week when I actually took the days they should take the second partial amount out to equal the full amount but instead they take a full payment so the first partial is extra.

I had a real problem with this when I was laid off for a while. My job has it set up for our contract where I get unemployment and they would take a full payment, and then the job would supplement the rest of my wage (once a month this check)to almost equal what I would make working ,but then they would take it again. It would end being 5 checks a month with support taken out of each (all 5 equals to my normal month if I was working). I called the FOC and they are aware that it happened, once they did send me the difference but the rest they kept and said I would get it back at the end of the 18 years if I never fell behind. They are not very good at telling you what is going on.

I normally get paid weekly, support is taken out every week, yes I have paper work saying it is X amount a month and split into X amount a week (includes support, daycare, etc). I think it has been a couple year since the last modification review that they did. The only time I have a problem is when I have extra checks in the mix because I guess it gets confusing? I just want to make sure it is going somewhere and not in someone’s pocket or something.

Thanks for the advice about the accounting, I will check into that.

 

[CSO286]

I had a real problem with this when I was laid off for a while. My job has it set up for our contract where I get unemployment and they would take a full payment, and then the job would supplement the rest of my wage (once a month this check)to almost equal what I would make working ,but then they would take it again. It would end being 5 checks a month with support taken out of each (all 5 equals to my normal month if I was working). I called the FOC and they are aware that it happened, once they did send me the difference but the rest they kept and said I would get it back at the end of the 18 years if I never fell behind. They are not very good at telling you what is going on.

First, I want to address the bolded. In several states, the CSED and Unemployment offices communicate with each other automatically. Unemployment sends over new recipient lists that get matched against the CSED payor lists. (Simplified version). CSED then tells unemployment what to withhold.

Now, in your case, it sounds as though support is being withheld from unemployment as wells as your wages. Is this correct?

According to statute, as long as a future payment is owed, they can hold onto extra support paid.

http://www.legislature.mi.gov/(S(bt3k2pez4oi4pk554upre4im))/mileg.aspx?page=getObject&objectName=mcl-chap552]Michigan Legislature - Chapter 552

(4) If the title IV-D agency receives a support payment that, at the time of its receipt, exceeds a payer's support amount payable plus an amount payable under an arrearage payment schedule, the title IV-D agency shall apply the excess against the payer's total arrearage accrued under all support orders under which the payer is obligated. If a balance remains after application against the total arrearage, the title IV-D agency shall do 1 of the following:

(a) If the payer designates the balance as additional support, immediately disburse that amount to the recipient of support.

(b) If, at the time the payment is received, the payer is obligated under a support order for a future support payment and the balance is less than or equal to the monthly support order amount, retain the balance and disburse it to the recipient of support immediately when the amount is payable as support.

(c) If, at the time the payment is received, the payer is not obligated for a future support payment, or the payer is obligated under a support order for a future support payment but the balance is greater than the monthly support order amount, return the balance to the payer.

(5) After 1 year after the date the amendatory act that added this subsection is enacted into law, if a payer has paid money that has not been disbursed to the payee and the payer is entitled to a refund of all or a portion of the money because support has been abated in whole or in part, the refund shall be applied first to any support past due in the case and then to any past due support the payer owes in another case. Any balance after the application of the money to support arrearages shall be refunded to the payer.

Rendered Thursday, November 17, 2011 Page 49 Michigan Compiled Laws Complete

What I am guessing is occurring is that when you are getting wages your employer is sending in payments as ordered and when you get laid off unemployment is sending in payments.

It is possible that if you are qualifying for partial unemployment, due to reduced hours, etc, that both your employer and UI are sending payments. CSED is NOT going to tell you employer to stop the withholding, and in many states, CSED CANNOT stop the withholding from UI--it happens automatically as the computers interface and match recipient lists against the payor lists.

 

[gam]

First, I want to address the bolded. In several states, the CSED and Unemployment offices communicate with each other automatically. Unemployment sends over new recipient lists that get matched against the CSED payor lists. (Simplified version). CSED then tells unemployment what to withhold.

Now, in your case, it sounds as though support is being withheld from unemployment as wells as your wages. Is this correct?

According to statute, as long as a future payment is owed, they can hold onto extra support paid.

http://www.legislature.mi.gov/(S(bt3k2pez4oi4pk554upre4im))/mileg.aspx?page=getObject&objectName=mcl-chap552]Michigan Legislature - Chapter 552




What I am guessing is occurring is that when you are getting wages your employer is sending in payments as ordered and when you get laid off unemployment is sending in payments.

It is possible that if you are qualifying for partial unemployment, due to reduced hours, etc, that both your employer and UI are sending payments. CSED is NOT going to tell you employer to stop the withholding, and in many states, CSED CANNOT stop the withholding from UI--it happens automatically as the computers interface and match recipient lists against the payor lists.

Mi is one of those states, everything goes through the MISDU system. Employment, UI, SSDI. It's automatic, you get a new job, you get UI, the withholding order is there and done. Even if your ordered to carry medical insurance, you get a new job, they send out the order to put the child on insurance to your employer automatically.

They also send out information to the receiver of CS, anytime one gets new employment, UI or for medical insurance. They send the information also to a payor of CS, so OP would have known they were going to take out of both his employment and UI benefits. Both parties automatically get this stuff in the mail, usually it only takes a week or 2 from the time something changes to receive it in the mail, it's really quick.

So your explanation is most likely correct.

It's smart to sign up at MISDU, that way you have access to your account, and can keep track of the money they take. That way you know in the end how much extra they have.