Child Support Modification Overpayment-MO

Parental Alienation Syndrome, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Child Support Modification Overpayment-MO

Postby gooddad12 » Thu Jan 05, 2012 4:38 pm

I have an administrative order through the child support enforcement & its has been modified for a lower amount because of my ex spouse's increase in income. This modification took over 14 mths to complete, and the effective date is the date I filed 14 mths ago. So I am now overpaid by a substiantial amount for those 14 mths. The state is telling me that since there is an order they cannot get the money back that was paid to my ex nor can they decrease the CS amt for a time period to balance out the overpayment. I've been told I need to take her to small claims court to get the money back, the modification unit for MO stated that this is what happens in 99% of the cases. Has anyone encountered this or been through this with a modification in MO?

Thanks for any help
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Re: Child Support Modification Overpayment-MO

Postby CCR » Thu Jan 05, 2012 4:50 pm

It's a broken system.

Can you imagine if you sent a check to your power company for $5000 instead of $500, and they wouldn't give it back or give you credit, and said "thanks for the gift."

It would make headlines.
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Re: Child Support Modification Overpayment-MO

Postby jerry2010 » Thu Jan 05, 2012 4:54 pm

Your order should address the overage. The Judge would have made the ruling on when (if any) you were owed.

It is not actually an "overage" until the order says x amount and then you make the over payment. The Judge has the discretion on whether to make the order retroactive or not. They usually do, as was my case a few months ago on a modification. My case was 16 months old but he did in fact make it retroactive to date of filing and gave me a reduction per month for 5 years to allow the over payment to be paid off.

But again, it is not actually a true "over payment" until you pay above the court ordered amount. You in fact paid the amount ordered until it was changed. The Judge has to make the decision and put the remedy (if any) in new orders.
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Re: Child Support Modification Overpayment-MO

Postby gooddad12 » Thu Jan 05, 2012 5:07 pm

Thanks for the replies.

No, the modification did not address the overage, and it is an overage now, the state has deemed that I have a large credit (in case I can't pay for a bit apparently) but they don't help get it back. The judge did make it retroactive but the order didn't have any instructions on how the credit for the last year would be paid back (or if it would).

When I talked to the modification unit, they stated the judge makes it retroactive because that is the date filed & that it will be in my best interest to take her to court for the overage.
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Re: Child Support Modification Overpayment-MO

Postby TransAm » Thu Jan 05, 2012 7:05 pm

I overpaid once. CSE halved her CS till I got the overage in full. Wonder if your attny called CSE and asked the same ?, If they'd give him the same answer. There has to be a remedy to recoup besided small claims court. (you would think)
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Re: Child Support Modification Overpayment-MO

Postby dadmisseskids » Sat Jan 07, 2012 2:14 pm

My experience was the same a TA. Domestic relations never refunded any over payment, they just lowed my CS obligation to NJ by $500/month until the money was taken down to zero.
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Re: Child Support Modification Overpayment-MO

Postby CCR » Sat Jan 07, 2012 2:31 pm

The answer varies from state to state as shown in this thread, but I wouldn't doubt the CSE folks would lie.....in my state, they are immune to prosecution.
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