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What To Do About Child Support Over Payment

by Danny
(Murfreesboro,TN)

In oct. 2008 I was laid off my job and got behind on my child support payments. Due to the economy I was unable to find work until june 2009 and began paying reg. through garnishment of my wages my child support. In Jan 2010 I was working full time and still paying my child support. When I filed my taxes this year (Feb 2010) the child support office intercepted my refund and held it for the entire balance due for arrears. I recently began a new job shortly after this and the child support office all of a suddenly began to take the child support plus the arrears which had already been paid by the taz refund. When I called to inquire about this they informed me that they would not be releasing the to my ex for 6 mos. and I would have to continue paying the arreas if I liked it or not. I was then told by centeral office that my wife and I could sign a release form and when I called to do this they said no I can't do that they only do that for the parent receiving the money of it was an emergency. 2 weeks later I get an e-mail from this office saying to come and sign this release and we did.

My wife asked the lady at the office what paperwork I needed to give my employer to stop the arrears and she said none she would be sending it that day and have it stopped immediately, then my wife asked what about all the money I had over paid and she replied that the office would stop the child support all together until that money had been distributed to the other parent and then would resume as usual. None of this has happened here we are weeks later and at least 80 lies later and they are still taking the child support and the arrears that is already paid. Thay continue to never give me a clear answer and mean while I have a wife and 2 other children to care for in an economic recession. She's taking vacations and buying new cloths while My family and I are barely making it. I live in Murfreesboro,TN and I need to know if I need to sue the child support office to get my money or sue my ex for taking it. I have always paid my support for over 13 years now and I'm being treated like a "dead beat dad" and worse an ATM machine which I am not. I have filed a formal complaint with the child support office and nothing I have talk to my case worker, the office manager, and the central office multiple times and get a different but always uncaring answer. I'm frustrated and just need an honest answer. Thanks




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What To Do About Child Support Over Payment

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Thank you
by: Child Support America Team Member

Hi Danny,

Thank you for sharing your frustration. The first thing is to keep records of everything. All of the payments still being made and the tax offset information. If your caseworker is not helping then call the office and ask to speak with the manager. You can also try to contact the attorney general's office in your area. If this is not worked out before long you may need to hire an attorney to straighten this all out. Are you still getting the arrears deducted from your check?

CSA STAFF

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re:what to do about over payment
by: Anonymous

Yes, I was still paying the arrear up until 2 days ago but they have not stopped the reg. payments and I have contacted the manager and anyone else to help but I keep getting told not there problem. I have over paid at least 600.00 and with each check an additional 90.00 per week. Can I sue them for the over paid amount they won't stop.

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Can't Sue Child Support
by: Child Support America Team Member

You cannot sue child support for overpayment, but you can legally press the issue.

CSA STAFF

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D.R.S is unfair.
by: Anonymous

I've been in and out of drs nine times in eight yr's.Everytime my ex-wife files i go in arrears,from her filing date but also for the rest of the month,then starting the next month i'm in "arrears" for what was left on that month she filed, then drs garnishs a extra ten dollars a week till i'm "out of arrears again"...I filed for a de novo hearing asking to see proof of what my ex-wife was claiming to be her income as well as the proof of what she was claiming to be what she pays every month for med inc. Thats when the judge looked at me,looked at her and said "shes (my ex-wife) a officer of my court and I'm going to persume shes telling me the truth"..In the mean time,i'll set here and eat cup-a-soup and my ex-wife will keep driving her BMW crying poor!..

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child support
by: Bill

Nothing you can do brother ,Sorry! my ex lives in m,boro and the same crap here. while she lives large i struggle and thats just the name of the game. she remarried and he makes six figures and i pay chile support and barley get by for the next 3 years anyway

Bill

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