Too much child support?

[thetruth]

What is the name of your state? Tx I have a friend who is a single mother of 2- was getting child support sporadically, and at some point even getting additional checks she thought surely was back child support. Now she is getting a bill from the Atty.Gen. saying she owes them over $2000 for amounts overpaid to her that was suppose to go to her ex-spouses ex-wife, that they mistakingly sent the money to her. She does not have this $2000 of course. Is something not right here. She can't even afford to take off work to see an Atty. or much less afford one. Any clues?

 

[BelizeBreeze]

What is the name of your state? Tx I have a friend who is a single mother of 2- was getting child support sporadically, and at some point even getting additional checks she thought surely was back child support. Now she is getting a bill from the Atty.Gen. saying she owes them over $2000 for amounts overpaid to her that was suppose to go to her ex-spouses ex-wife, that they mistakingly sent the money to her. She does not have this $2000 of course. Is something not right here. She can't even afford to take off work to see an Atty. or much less afford one. Any clues?

There is nothing anyone can do here without reading the letter from the AG.

 

[NotSoNew]

its possible and it does happen, i just find it odd that you friend has to repay it, cant they just deduct it from her future support and send that to the ex-wife?

 

[ceara19]

its possible and it does happen, i just find it odd that you friend has to repay it, cant they just deduct it from her future support and send that to the ex-wife?

That is exactly what they will do if she does not voluntarily send the money back. The overpayment can accrue interest if it is not repaid within the specified amount of time. She needs to post the letter word for word and try to find the check stubs. If she uses direct deposit, she can get the records from the bank.

Chances are that if she received the CURRENT support PLUS additional money, mom #2 wasn't receiving ANYTHING! I actually know a person in Texas that is having this same problem. Maybe it's the OP.

 

[abstract99]

I bet that what happened is dad remarried and filed joint with her. Then they got divorced. The new ex is claiming that her part of the return was taken involuntarly. It is possible. 2 years ago we filed joint with an injured spouse return. They took not only my part of the return but the 3k of it that was my wifes. My ex was ordered to repay it.

Still have't seen it and I;m not holding my breath.

 

[ceara19]

I bet that what happened is dad remarried and filed joint with her. Then they got divorced. The new ex is claiming that her part of the return was taken involuntarly. It is possible. 2 years ago we filed joint with an injured spouse return. They took not only my part of the return but the 3k of it that was my wifes. My ex was ordered to repay it.

Still have't seen it and I;m not holding my breath.

But I'm betting that didn't happen to you in the state of Texas. Even after the state of Texas receives the intercept from the IRS (which holds it for up to 90 days), they don't send it to the CP for an additional 6 months. The reason is to prevent creating a situation like you described. Plus, the state would have sent the tax intercept as one payment, not several checks, as the OP described.

Which is why the OP needs to find out EXACTLY what the check stub or bank records say. If the OAG simply mailed the check to the wrong address or deposited it into the wrong account, the records will still have the CORRECT case number attached and the OP's friend should have noticed that it didn't match her case number. However, if all of the attached case information matches that of the OP's friend AND she has a valid order for the arrears, the OAG is SOL if she contests the matter properly.