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Overpayment of CS!!!!!

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N

navydoc3

Guest
I live in Michigan, but have a child support order from Ohio.
My child support should have stopped on May 30th: 2004, as my daughter graduated from High School.
But Payment Central in Columbus, say that i,m approxiamtely $1476.39 in arrears, which is not possible, as support is deducted,on a weekly basis from my pay check.
My daughter moved out of my sisters house on January 11th: 2004[i had signed over custody to my sister], and she was the one up until that point , who was recieving the child support.Due to the circumstances of my daughters moving out, the Mahoning County CSEA, filed a petition on their own, to have the child support redirected to either my daughter, or the adult female, with whom she went to live, which is I WAS NOT contesting.On May 5th:2004, there was the redirection hearing, and the magistrate said as there had been no change in legal custody, even though my daughter,no longer lived with her, my sister should continue to recieve the child support!!
Pending an audit, Columbus/Mahoning have put a "hold" on approximately $1400, of the amount mentioned above, but say as my sister has not recieved any money yet, even though it has been deducted from my pay check, technically i,m in arrears!!!!!! How can the CSEA ignore a court order, which the money was to be released immediately????
Following a conversation with my caseworker yesterday[June 18th: 2004], i,m told that i now only owe approximately $76[due to that hold],BUT as Columbus, has no record of my last two payments, taken from my paycheck[due to the Federal holiday], i have ALREADY overpaid!!!!!
She also told me that they have not completed an audit, and therefore will not file the emancipation papers to stop the support, which means due to big back log, i will continue to have the support taken from my pay check, every week until they do, which means the amount i,ve overpaid will keep increasing, meanin they will bank this money , and make interest off of it!!!!
I was told , well we will reimburse you for any overpayment, but only after the support has stopped.
I,m the sole support of my family[myself, my wife and our eight month old son].My wife is NOT my daughters mother.
My question is this why can they in the first instance ignore a court order, and two , why can,t they say this man has met his obligation,s , stop the attatchment of earning,s , and deal with money on hold as a separate issue.
IS there ANYTHING i can do to speed things up, or is it a matter of just sitting and waiting, as there is no way to tell how long that will be??
Thank You.
 


BL

Senior Member
File for a Modification Hearing. Have 2 sets of (Copies) all your payslips that reflect CS taken by the State . One for the Court the other for CSEU.

Also any calculations of proof over overpayment . You can get CSEU to admit to taking more than they should.

It appears this is the only way for a resolution and Order .

The CSEU will most likely tell the Court it's red tape and paperwork, but in the end the Judge will make a NEW ORDER.

Expect 1 - 2 mos. If you sit on your hands it will probably take a lot longer.

Once you get the Order send it straight to the States head office that generates the Billing. You might want to send the other order to them too.
Don't count on the locals to hurry things along.
 

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