VIP Child Support Recapture Notice

by Amanda
(Iowa)

My CS is taken out of my paychecks weekly and back in July there was a motion to have it increased by my ex. I took it to court because it was doubling the payments and with that I could not afford rent, heat or my car payments.. Even tho I could prove that I could not afford $500/month payments I lost the case and am currently now filling bankruptcy to remove atleast my credit card payments. Anyways...because of the court dates and such, it now shows that I am a month behind in CS, because it went back to the original date that the motion was filed. I received 2 notices in the mail, one for MN income recapture and one for Federal income recapture. Problem I see is that I live in IA and do not file MN taxes (yet that's where the recapture went to as my ex lives in MN) My IA refund this year is $1.00, and previous years I end up owing up to $10.00. I have been trying to call my county worker, but she is not answering or returning my phone calls. Will the fact that they filled with MN for recapture affect me not getting my $1.00 back from IA? I'm not worried about NOT getting the $1.00, I just don't want them to turn around and say that I OWE $500 to IA for the recapture..(but like I said before.. they filled the papers with a state that I don't even live in, nor pay taxes in)

Comments for VIP Child Support Recapture Notice

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VIP Membership Response
by: Child Support America Team Member

Hello Amanda,

We just wanted to let you know that we will be responding to your question shortly. As a VIP member your questions will always take priority over NON-VIP members, so be looking for a response via this tread within a day or so.

Thanks,
CSA STAFF

VIP Membership Response
by: Child Support America Team Member

Hello Amanda,

Thanks for your questions and we have some advice that may help. I am assuming that the original child support order is in MN. It is legal that they go back to when the motion was actually filed. So the "new court ordered payment" amount became due going back to the motion filing. This may be why it is showing you are behind. Legally you are behind according to the system because you only paid the original amount. Not the new court ordered amount. It can be very tricky and very unfair. Now it is important that you notify the MN caseworker that you no longer live in MN. I know you stated you have been trying to call. Below are some websites that may help you get through to someone at the MN child support office. If you do not get answers then ask to speak to the supervisor and try to work up the chain.

These websites may help:
http://www.dhs.state.mn.us/main/idcplg?IdcService=GET_DYNAMIC_CONVERSION&RevisionSelectionMethod=LatestReleased&dDocName=id_000794


http://www.childsupport.dhs.state.mn.us/Action/Welcome

Another option would be to contact an attorney for free legal advice. When you get an attorney involved then child support starts answering phone calls and responding to your questions. It is a sad reality, but true. You can ask free advice online at the site below:

http://www.justanswer.com/sip/law?r=ppc|ga|1|Law|Legal&ofid=7&JPKW=free%20online%20legal%20advice&JPDC=S&JPST=&JPAD=5821526163&JPAF=txt&JPCD=20100503&JPRC=1&JPOP=Jesse_SIPtest_SIP&gclid=CI_au7GupqYCFcbsKgod_AmFng

It sounds as if since the payment was retroactive for when the motion was filed that you DO owe the back payments on a federal level. You should not owe it to MN, since you do not live there. We wish you well with your situation.

Thanks!
CSA STAFF



re
by: Anonymous

Thank you. I haven't lived in mn for 5 years now so they should have known that as I was in iowa when my divorce was finalized and the original child support arrangement was made.
Another thing that I didn't understand is even tho I provided proof of my main expences. Rent, utilities, car, and my ex provided no proof, the judge did not consider that in her ruling, thus making it very difficult to make ends meet. After what time frame do cases usually get re-reviewed?

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