Overpaid Child Support

[skyspirit]

What is the name of your state? Ohio

My boyfriend never married his daughter's mother. His daughter is now 17. He had the child support money deducted from his check from work each week. At one time, he was unemployed for several months. When he started back to work, Child Support took an extra $40 per pay to make up for the arrearages. They continued to deduct that amount for several years. It turns out that he has OVERPAID over $3,000. How does he go about stopping the support payments from being withheld and get the overpayment back? Child Support says its his employer's fault for withholding too much and his employer says its Child Support's fault. Regardless...he wants a refund. How does he go about getting it?

Thanks!!!

 

[VeronicaGia]

What is the name of your state? Ohio

My boyfriend never married his daughter's mother. His daughter is now 17. He had the child support money deducted from his check from work each week. At one time, he was unemployed for several months. When he started back to work, Child Support took an extra $40 per pay to make up for the arrearages. They continued to deduct that amount for several years. It turns out that he has OVERPAID over $3,000. How does he go about stopping the support payments from being withheld and get the overpayment back? Child Support says its his employer's fault for withholding too much and his employer says its Child Support's fault. Regardless...he wants a refund. How does he go about getting it?

Thanks!!!

He needs to file a motion with the court to adjust his obligation so that he is no longer paying arrears he doesn't owe and hopefully get his ongoing obligation corrected to reflect the overpayment.

Honestly, this is his fault for not paying attention. The employer must follow a valid court order, and until the employer gets an amended order, they will continue taking this money as per the law.

 

[topsidder]

Call your caseworker and request your account be audited.

And, b4 all you bulldogs attack, both parents have a right to request an audit, and the state is required to provide an accounting for all monies received & disbursed, and they are also required to disburse funds within a certain time frame (sure the time frame differs by state).

I disagree with the earlier statement this was your fault for "not paying attention". I believe the fault lies elsewhere.