Reimburse father for over payment of child support?

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Latest post 05-11-2012 2:32 PM by babydoll3. 15 replies.
  • 05-10-2012 12:47 PM

    Reimburse father for over payment of child support?

    NCP has witholding order from the judge instructing his employer to deduct a specific amout of funds from his pay check for child support, arears, and medical bills. The order also instructs his employer to STOP payments for arears and medical bills once the specified amount was satisfied. A child support check each week was issued to me from his employer over the past 3 years. NCP employer did not follow instructions and continued to deduct money from his paycheck after the arears had been satisfied. Now NCP wants money back for over paid child support. I havnt seen NCP in over a year and had no idea all this was going on until now. If I received a check I asumed it was valid and cashed it as usual. Do I need to reimburse him for over paid child support or does his employer reimburse him and I reimburse his employer?  Who is at fault here? The order was sent directly from the courts to the employer. Not me. Was I responsible for keeping track of how much the employer took out his check? I have consulted an attorny and waiting for a reply. about 9 months over according to his calculations. He wants to stop paying child support all together for 9 months to make up what he feels he lost.

  • 05-10-2012 1:00 PM In reply to

    • Drew
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    Re: Reimburse father for over payment of child support?

    Laymans nonlegal view:

    While he is not entitled to stop child support payments, if factually he is overpaid that invites some debate as to if he can stop so as to fall backinto line and thus still be current which the specific amount due you.

    Morally you are not entitled to be enriched just because somebody made a processing error. .

    Sure you both can go attorneys and duke it out --but I think the moral high ground is he owes you the amount ordered and you get to keep only the correct amount. In a sense he is entitled to full repayment now.

    His solution makes sense on paper but I suspect it creates a major cash flow problem at your end.  My personal suggestion might be for him to cut it back for  18 months or whatever until the correct sum is reached  and to agree in writing  and get court to  formally bless it if desired --his cost for a formal blessing. .



  • 05-10-2012 1:27 PM In reply to

    Re: Reimburse father for over payment of child support?

    babydoll3:
    He wants to stop paying child support all together for 9 months to make up what he feels he lost.

    The court may order a reasonable version of this but rather than having you and Dad spend money on attorneys why not work it out yourselves?  Here is my suggestion:  (using round generic numbers)

    If Dad overpaid $5,000 and his child support is 500 per month.  Give him a credit of $150 per month for the next however many months it takes to equal the amount he overpaid.  Then the child doesn't go without support and he gets a credit for the over payment.  If you and dad come to an agreement on the amount he overpaid, what credit he will get, and how long and file the motion to modify with the court yourselves you will save WAY more money in the long run rather than paying lawyers.

    What ever you decide get it sanctioned by the court.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 05-10-2012 1:39 PM In reply to

    Re: Reimburse father for over payment of child support?

    Thank you both. His has already hired an attorny and I have already spoken with mine. So, it may be too late to not get attorny involved. Looks like we are going to court. Thank you again :)

  • 05-10-2012 1:53 PM In reply to

    • Drew
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    Re: Reimburse father for over payment of child support?

    You need NOT keep running up meters with your various attorneys --that may be foolish at say $500/hr combined rate to talk. .

    You know the correct answer--now it is just getting in some workable mechanics and a simple court blessing  and it only takes one attorney a small amount of billable time to do same.



  • 05-10-2012 4:43 PM In reply to

    Re: Reimburse father for over payment of child support?

    Believe me, Drew. I dont want to have to hire an attorny. But he has already retained one and I would be foolish to go in there without mine. I dont have the money to hire my attorney but my family is helping. NCP is asking for repayment of his attorny fees and I am asking the same for mine. So we will see. According to my attorny I am not likely to be held in contempt because I havnt done any thing wrong. Im wondering if I can I sue his employer for their error in the event that I have to repay over payment. According to my attorny, it was not my responsibility to keep up with this but was the responsibility of his employer. They had orders. Not me. They made the error. But we shall see. God can do the imposible.

  • 05-10-2012 4:51 PM In reply to

    • Kivi
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    Re: Reimburse father for over payment of child support?

    Is there any reason, he did not raise the issue with his employer at the time that the error occurred? For there to be any substantial overpayment, the situation must have continued for many weeks or months. I can understand corporate payroll departments sometimes being slow, but most of the time, they get it right in about six weeks (or three pay periods, if he is paid biweekly).

    Is there any reason why he did not notify you at the time that he thought that you were receiving too much money? (OK, if you two could communicate effectively, you probably would still be together.) Still, one would thnk that he could have said something at the time.

    I doubt that you successfully can sue his employer.

  • 05-10-2012 4:57 PM In reply to

    Re: Reimburse father for over payment of child support?

    It's not the employer's responsibility to figure out how much child support is owed; employer only receives an order for the amount;  generally, it's up to the child support office to regulate amounts, keep track and reissue orders to employers.

  • 05-10-2012 5:16 PM In reply to

    • Drew
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    Re: Reimburse father for over payment of child support?

    Prediction: neither of you gets a dime out of other for attorney fees.

    This is one example where I think it is not in your interest to use a higly paid gladiator--there is virtually no upside.



  • 05-10-2012 5:21 PM In reply to

    • DPH
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    Re: Reimburse father for over payment of child support?

    babydoll3:
    But he has already retained one

    Retaining an attorney is one thing, filing something with the court is something else.  Has anything been filed by him or his attorney requesting a hearing or anything?  If not, step up to the plate and have your ex put his attorney on hold until you and he reach a mutually agreeable solution.  Hoping that you end up paying his legal fees, not likely in my opinion, is a stretch.  You're hoping that he would pay yours is about the same.  Everybody pays their own freight most of the time.

    So, is there any reason why you can't call him up and stop the madness?

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 05-11-2012 12:20 PM In reply to

    Re: Reimburse father for over payment of child support?

    I have no idea when NCP not... his employer. He never notified me. I was never notified by him or his employer. NCP has been absent from visitation for almost a year so I never expected to hear from him anyway. But had he made an effort to notify me to make me aware of the situation I would have stopped cashing the checks until the situation got handled. It has been more than just a few MONTHS of continued payments. This has gone on for several YEARS. I would get a check for X dollars one day and then a separate check for a different amount the same week. It was strange. The&nbsp... always added up to be the same even though the checks were different in amount. I never understood why they paid me that way but I didnt question it. I just waited for the changes in payment to occur. If it were me having my check garnished I would watch every dime my employer took to make sure they took the right amount and would remind them when it was almost time to stop. But again, these orders were sent to his employer with specific instruction that I had no idea about.

    A court date has already been set so it is a little too late to sit down and talk. He never notified me of anything. We never could talk things out. Sad, I know. I met with my attorny yesterday. So, we shall see what happends.

  • 05-11-2012 12:28 PM In reply to

    Re: Reimburse father for over payment of child support?

    @JobBraver There was never a child support office involved in this case. So, they were not responsible for monitorinjg this. They were never involved. When I initially sued NCP for child support 4 years ago I hired an attorney and everything was handled through him. Following the hearing the judge issued a witholding order on NCP which was sent directlty to NCP employer with specific orders to withold a certain amount of money from his check per pay period and have it sent to me. The total amount was made up of 3 parts 1. Regular child support 2: Back child support and 3 Medical bills. The employer also received orders to adjust witholding once NCP reached x amount. Again, these orders were not sent to me. They were sent to employer. He is paid weekly. So every week I received payment. But payment was 11 dollars here and 121 dollars there. It was strange that they would send multiple checks in the same week for different amounts.

  • 05-11-2012 12:34 PM In reply to

    Re: Reimburse father for over payment of child support?

    @Drew. You might be right. I used my same attorney as before. According to my attorney, the only way I will be responsible for his attorny fees is if the judge finds me in contempt. My attorney also states that if the judge finds that the law suite is frivolus then I MIGHT be awarded a portion of my attorney fees. One of the issues in the suite is NCP is claiming that I claimed child as dependent on his year. I have clear evidence from my tax person to the contray. Another issue: visitation. I have 13 pages of documentation since March of 2008 of each and every visitation, missed visitation, phone calls and everything else you can think of. He was never denied. He just didnt want to stick to schedule and never showed on his days. So, I'm not going to be held in contempt. Luckily I have a pretty good rapport with my attorney so I trust he wont lead me wrong. I will just do what he asks me to do so I can be done with this.

  • 05-11-2012 12:38 PM In reply to

    Re: Reimburse father for over payment of child support?

    @DPH I wishit were that simple. He has already paid an attorney and I have paid mine. He retained an attorney in March. I had no idea until 2 days ago. Again, communication between us is very difficult. So, we may need the courts to help. Sad, I know. I have tried multiple time to communicate with him about visitation or at least calling me when he is not coming. No such luck. So, I left the matter alone.

  • 05-11-2012 2:08 PM In reply to

    Re: Reimburse father for over payment of child support?

    Your attorney sounds like they have a good hold of this for you.

    Your documentation will help you with his allegations of you interfering with visitation and you can't be held in contempt for the child support issue, you weren't court ordered to do anything in regard to that.

    The court may find / calculate he should have a credit but if that happens, it will very likely just order a reduction of xx amount for so long till it is balanced out....the courts don't typically order no child support like he wants. and that reduction would likely be handled the way arrears is handled, a small amount each month (if the court even finds he has a credit).

    If this never went through a child support agency, then maybe a good suggestion would be to get that ordered so they (agency) can accurately track his payments.  The employer shouldn't have had to do that, they aren't responsible for calculating when he paid off his arrears and medical payments, so you may want to ask your attorney to have child support sent through your state agency.

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