child support hearing

[usedstepmom]

What is the name of your state? Texas
My husband has a child support hearing next week. He has an overpayment of child support by over $4000. The suspense is killing us as to whether the judge will credit the overpayment of just ignore it. The overpayment was made through the courts, not directly to the mother. The child will turn 17 in April. Since he is so close to being to the end of his obligation, is it possible for the judge to just leave the payment the same since there is the issue of the overpayment?

 

[rmet4nzkx]

Can you explain how this overpayment came to be, you are having a hearing for modification, the answer to this question will help determin your advice. Are you appreaing in person or telephonically?

 

[usedstepmom]

The hearing has been moved to January 9th. (after the holidays) Well, the overpayment was discovered when we bought our house almost 3 years ago. When my husband first started paying child support, he was still in high school. After he got his first "real job" somehow they started taking more out of his check than was in the court order. It never was ordered to be raised. He probably just thought that was what was supposed to happen. Remember, he was just a teenager. That is how the overpayment came about. We are not sure if we will appear in person or telephonically. It is a long drive to the county where the hearing is scheduled to take place. About 10-11 hours one way**************

 

[Inquiry123]

Clarification...

Are you saying that for 15+ years, Dad has been paying the exact same amount that was ordered when Dad was in/out of high school? And that no modification has occurred since the time Dad was in/out of high school?

And am I correct in assuming we're talking about a difference of less than $25 per month over that time period?

 

[usedstepmom]

No....the child support has been modified since then. It has been the same for a while now, but my husband has changed jobs and took a paycut and we left the child support the same. (back in 1998) We could have had it reduced, but we didn't. We also have 2 children now.

 

[Inquiry123]

My Financial Activity Report specifies an "Amount Due" (which corresponds to the ordered support amount) and a "Transaction Amount" (the actual amount that I have sent.) The "Amount Due" has changed to reflect increases when support has been modified.

Because I have made add'l payments toward my total support obligation, my F.A.R. shows a negative balance due (an overage) of several thousand dollars. If I were to stop sending payments, my ex would receive payments from that overage until it was exhausted.

If I understand your situation correctly, the "Amount Due" reflected an amount which was higher than the actual support order...and that was the amount collected through wage garnishment. If so, while you may compute an overage, the ledger may not. My suggestion would be to try and handle this issue administratively, first. Contact the Child Support Division and request that they review the ledger from the period in question. Will they correct the record to reflect the actual amounts due and paid? Because your claim of an error is from YEARS ago, I would not be too optimistic.

Unfortunately, the funds have most likely already been disbursed to Mom all along. If so, given the time that has passed and that at least one modification to the support amount has occured over the years, I would not be too hopeful (at all) that a judge would penalize the child by reducing/terminating support. Unless...Mom agrees to the reduction?

Hope somebody else has better news. Good luck.

 

[usedstepmom]

The reason I am even asking is because the AG's office sent an overpayment form, giving us the option to either receive a refund of the overpayment or credit it to what was due. How do you think a judge might view that?

 

[Inquiry123]

BINGO! Any more info that you're waiting to spring on me? Did you recently hit the Megabucks?

So what's the problem? Why a hearing...why involve a judge?! Request a refund and continue paying the balance of the current support obligation.

A bird in the hand...

 

[usedstepmom]

Well, that is what we planned on doing until we got modification papers from the AG's office. That has been our plan, but the mother requested to transfer the case to her county and that is where the modification came into play. We did not want to request a refund or request a credit because the support payments would stop going to her completely. We do not want to stop the payments. We just do not want the child support to double because my husband makes more now than he did then. We were just wanting them to stay the same. (since he is technically ahead on his child support. Do you know what I mean?

 

[LdiJ]

Well, that is what we planned on doing until we got modification papers from the AG's office. That has been our plan, but the mother requested to transfer the case to her county and that is where the modification came into play. We did not want to request a refund or request a credit because the support payments would stop going to her completely. We do not want to stop the payments. We just do not want the child support to double because my husband makes more now than he did then. We were just wanting them to stay the same. (since he is technically ahead on his child support. Do you know what I mean?

Go ahead and tell the AG's office to give you the refund. Then put the money in the bank and use it to pay the extra child support. Likely the other poster said..."a bird in the hand"**************.....

 

[Inquiry123]

We just do not want the child support to double because my husband makes more now than he did then. We were just wanting them to stay the same. (since he is technically ahead on his child support. Do you know what I mean?

The support modification and the overage are two separate issues and you shouldn't try to confuse the two in court. Get the refund for the overage. As LdiJ said, after you have the refund, you can use the $4K to offset the increase in support obligation...it's a win/win.