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

Comments for 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

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.

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

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!..

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

ex wife
by: Anonymous

Yes, i agree..Same thing here..My husband's wife went bankrupt on all her bills , the month after she took him to court for 2 sets of braces & Dr bills..Which she didn't have to pay..which put him in arrears for another year..And now that it is finally over, we can't get them to stop garnishing his check..It is a frigging mess!!She has gotten alot more money that she deserves..

Child Support Extortion, Corruption,Conspiracy & More
by: Dianne Johns

My husband`s children are in their mid 30`s. We have overpaid child support by many thousands and have all the records to prove it. We have lived in TN since 1988 but all of the fraud happened in Blytheville Arkansas. The ex`s attorney, Richard A Reid, has been a special judge with the AR Supreme Court and was co-chairman of The AR Ethics Committee for 13 years.

Because of his power every judge and lawyer in AR bows down to him. Ex, (Carole Hoke Johns) and Reid presented false figures to the judge saying we owe almost $50,000 more plus interest in arrearages.They filed the false document as if it came from OCSE. Two years after trial we got a letter from OCSE saying it was NOT their figures.

The ex admitted at trial the calculations were done her boyfriend.She also said he has been to federal prison for 2 years yet the judge allowed his false figures and signed a order/judgment against my husband for this false amount.Judge Larry Boling stated that all we had was OCSE records while they had "court documents", meaning they had the felon`s figures.

The Arkansas OCSE as well as the clerk`s office does not show a balance at all. I have all kinds of certified documents from them. OCSE says the case was closed with their office in 1999. (The youngest child emancipated in 1997.) Judge Larry Boling also issued a criminal sentencing order, on this civil case,for my husband to be arrested if he did not pay this.

We tried to appeal however Reid`s power could not be overcome and we lost on Appeal because our attorney would not even return our calls and we had no idea what was appealed on. She did not argue overpayment or any points we discussed. We found the affirmed decision on the internet.

Jeremy Thomas from Reid`s office then had Hunter Rounsaville at the Mississippi County Sheriff`s office enter my husband into the NCIC as a criminal felon for "child neglect" for these kids in their 30`S even though no criminal charges were ever filed! A warrant was signed by Judge Boling & sent to TN and my husband was arrested in 2009.

I had talked to our TN prosecutor and showed him our proof. He got in touch with the AR prosecutor who said this was not suppose to be happening because my husband had NEVER been accused of a crime!He got the false entry removed from the NCIC saying it was an "error". They have recently, July 2012,registered the false order/judgment in TN.

We will now be fighting execution. This has caused us to financially lose everything--commercial building, cars,a business and so much more.My husband has even had to sell blood for our survival while the ex recently retired from an executive position at a college in Blytheville where she worked.Her attorney, Richard A Reid was on the board of directors at the college.

We plan on exposing these people and this corruption by being filmed as victims in the movie by Lawless America who is filming corruption in all 50 states.It will be sent to state officials.

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