Overpayment of child support via SSDI/Social Security

[shana467]

What is the name of your state (only U.S. law)? New Hampshire. I have a few questions regarding overpayment of child support. 1. What court to I petition to recoup overpayment of child support? 2. If I live in NH and the child support case was held in NJ via telephone conference in which Overpayment was made due to custodial parent receiving retroactive social security payments for said child, what state do I have to file petition? 3. My child support order was vacated due to child collecting social security benefits off my benefits; family court credited the retroactive lump sum toward my child support resulting in an overpayment. Do I have a legitimate case to petition a court to recoup overpayment? I appreciate any guidance in this matter... alan

 

[CourtClerk]

Sue the person that has the money for the money they have that they shouldn't.

 

[latigo]

Sue the person that has the money for the money they have that they shouldn't.

And don't neglect to add your own flesh and blood children as “shouldn’t-have-got-the-money” defendants in your sob-story lawsuit.

And be sure to add a count to the complaint charging that your kids were unjustly enriched. (Just don't expect a Father's Day card thanking you for the experience in civics.)

Then if you were to get a judgment, which ain’t going to happen, you could have the sheriff seize their tricycles and piggy banks.
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And please don't come back with the typical disgruntled father’s malarkey, “But she spent it on herself"! (Like she spent it on rent, heat, utilities, car repair, gas, groceries, school clothing, dentists, bus fare, movies, etc.)

 

[CourtClerk]

And be sure to add a count to the complaint charging that your kids were unjustly enriched. (Just don't expect a Father's Day card thanking you for the experience in civics.)

Then if you were to get a judgment, which ain’t going to happen, you could have the sheriff seize their tricycles and piggy banks.

Ok... that's a tad bit dramatic. The money didn't go to the kids directly, nor is it owed to the kids. The obligor is only responsible for the amount of support ORDERED by the court. If they overpaid inadvertently, why SHOULDN'T they get the money back? You think the obligee (mom or dad) should get a winfall because of a mistake? You can't be serious.

 

[Rexlan]

Maybe the surplus could be used to get a gag order on Latigo ...LOL.

Geeze ... lighten up man!