overpaid child support

[squirrelly1]

Just this year I started paying child support via state garnishment thinking it would be easier. When this first started, there was an assumption that there were 2 months arrears for some reason and a higher rate was sent to my employer. I also received a letter requesting that I pay them atleast one month support, which I did. I requested a notorized letter from the x-wife to be sent to the child support office stating that she received the payments which she did; therefor the payments were reduced to what they should be. To compound matters, there was a computer glitch from my employer and they went back to that old amount for 2 payments. Basically, I have made 7 payments all together that were each $87 more than they should be totaling $609 and another additional payment of $755; together totaling $1364 that was overpaid. My question is; how do I get this money back? Do I go to the family court and petition them to send her a letter? Do I really need to retain a lawyer or is this something that I should be able to handle on my own or is this a small claims court issue. I just need some direction on this. Thank you for your help in advance.

[CCR]

Call CSE. They can straighten it out.

Your ex could also send the money back to you, but from what you wrote, she must already know she's been overpaid but keeping the money. It shows her lack of honesty and integrity (she's a thief).

[BubbaGumpShrimp]

Call CSE. They can straighten it out.

Your ex could also send the money back to you, but from what you wrote, she must already know she's been overpaid but keeping the money. It shows her lack of honesty and integrity (she's a thief).

Yes, but something tells me that's what the average woman would do in her shoes. I hear about divorces where the spouses manage to part on good terms...but something tells me that they're few and far between.

[squirrelly1]

Yep, had her lawyer use some fancy writing and stole $3k when we sold the house. Also figured at our income levels that she must have been hording money to be living scratching at every cent. We could barely make ends meet living in a townhouse and now we both own single family houses that each cost twice as much..hmm!

[BubbaGumpShrimp]

Yup. My NJ may have "got hers" for the first 120 days of the separation (free room and board), but that's about to come to a head. I dumped my idiot lawyer and got a good lawyer/shark. I wasn't very optimistic for a while...but at this point...I won't be surprised if she winds up having to back-pay me for: 4 (months) x $1,000 (failing to pay for living expenses), $2,500+ (attorney fees for the sole purpose of taking her to court to get money out of her because she hasn't paid a cent in months), and her a55 booted out of the house within 30-90 days of the 8/9 court date (the most likely scenario).

The low end has me getting $4,000 out of her in short order...and possibly $6,500. Granted she doesn't have that kind of money, but that's exactly the point. The lawyer has very craftily written up the amended complaint (fixing lawyer #1's $h1t) to essentially say "You have two options: 1. Vacate the house now, agree to a six month separation, and we'll let the money issue go, or 2. Stay...and it's going to cost you." Yeah...after 120 days of getting done-dry...I've finally got a smile on my face.

[squirrelly1]

Glad to see someone make out on a positive end of this crap. Seems that the guys usually get the brown end of the stick. Way to go!

[GF4Dads]

Contact CSE, usually they will just roll the extra money to the next payment until you have a 0 balance again.

[dadof226]

I overpaid once, too. FOC told me they couldn't do anything about it and to get the amount from NJ. NJ, of course, said no.

So the next time I owed NJ for medical bills, I kindly deducted the overpayment.

[squirrelly1]

Called CS again... run around said to file a motion through family court. Asked the x if she would like to make payments, she said I still owe her for something... Guess I'll be filing a motion for overpayment, but I have to get all my facts straight first so i don't step on my own feet.

[kidsdadtexas]

I'm in a similar situation. The AG was garnishing my check and I had an order from court that stopped my support on x date. It took almost 3 weeks for AG to stop the wage withholding. I faxed 3 times hand delivered twice and finally they acknowledged receipt.

Ag sent ex cs payment after a custody reversal and nj sends my money back as a credit toward her cs payment. Ag says ill have to get the money back from her. It's now been 2 months and that's all I've received from her.
Eventually ill get the money back but I sure as hell needed it when the ag was taking it out of my check.
I believe that a motion to refund support would be appropriate. If there is any direct payments to nj then in Texas we have an Affidavit of Direct pay which can be sent to AG to adjust amount owed on support. Can you skip a payment after Ag recvs the affidavit?