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Child Support Agency Issues

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Don1234

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

I was out of work for 3 months back in 2013, so I fell behind in child support. After I found another job, I filled for a review. My payments were lowered, but for a year and a half, DCSE was garnishing the old (higher) amount plus arrearages. I contacted DCSE to have them do another review to fix this, but months went by w/o them doing anything. I recently (2 months ago) had to filed in court, and my arrearages were wiped clean, my payment was lowered slightly, and they owed me money for overpayment.

My problem is that my employer is still garnishing the old monthly amount in child support PLUS arrearages and I've yet to receive a refund. I've been down twice to speak with a caseworker, and each time, even though I was polite and respectful, the ladies I spoke with were extremely short, rude, and condescending. They also claimed that my job was notified of the new amount and that the amount that is currently being garnish is correct when it is clearly not. They have record of what they received, and they're STILL arguing trying to convince me that the correct amount is being deducted when it's twice as much as what I'm supposed to be paying.

How do I legally go about overriding the incorrect withholding amount that DCSE has my employer garnishing with the correct amount? How do I legally force them to issue my refund?
 


Zigner

Senior Member, Non-Attorney
How do I legally go about overriding the incorrect withholding amount that DCSE has my employer garnishing with the correct amount?
Ask your employer to write a letter on your behalf stating how much is being withheld and stating that they haven't received any new orders for a different amount. Then, take that letter to the folks at DCSE and escalate the situation to a supervisor, if needed.

How do I legally force them to issue my refund?
Who do you mean by "them?" You can't force your employer to give you any money back because they don't have it any more. You can't force DCSE to give you any money back because they don't have it any more. You'll need to ask the other parent if they will refund you some of the overpayment. I wouldn't count on it being refunded until you get to the end of the road, child-support wise (and you're going to have to fight for it even then.)
 

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