In 2005 the State of Indiana intercepted my '04 Tax returns to repay the
$5500 in welfare that my ex received for my son. My Fed return was $6200 and my state was $450. They started taking $85/wk when my order was for $54/wk. The next year they took the Fed $2597 and the State $200 with no explaination. My ex has not received any of the any of the excess. I recently attained a copy of all of the records that were incorrect at first. The corrected records show that I’ve overpaid by $3600. With the boosted child support that came to $2200. My question is how do I get my money back?

s_cianci

Contact the agency in your state that's responsible for collecting and disbursing child support. Present them with these documents showing that you've overpaid and how much you've overpaid. Also be sure your records are current and complete. Were there any arreages owed? Usually they don't intercept tax refunds unless there are and other attempts to collect from you have failed.

The WB

No, there are no more arrearages. Everything was paid up-to-date with the first intercept. The state was collecting for the welfare that my ex had received($5500). The county prosecuter is responsible for raising the payment from $54 to $84($2200 extra paid). They will not talk to me even as a custodial parent(I have legal custody of my daughter).

ScottGem

I'm confused. Why would you be responsible for paying child support if you have custody? Were you married while your wife was collecting welfare? Did the child live with her during that period?

I don't think we are getting the whole story here. If your wife was collecting welfare, especially children's aid, while you were financially responsible for her, then I can see the state seizing your returns to repay, what seems to be have been fraudulent collection of welfare. Even if it wasn't fraud, many states provide that wlefare distributions should be repaid if the recipient becomes financially able.

But if you were not responsible for her...

You need to talk to the attorney that drew up the child support agreement or another attorney. based on what you have told us, they shouldn't have seized anything and you shouldn't owe child support. So either you have a nice case against the state or you aren't telling us the whole story.

The WB

We (ex-girlfriend) have 2 children. I have legal custody of our oldest(daughter). I didn't ask for child support when I gained custody. Our son was born later. The state would not give him my name until we made out a child support order. They wouldn't talk to me even when I tried to talk to them as a custodial parent to set a court date so I could get an order for support so the 2 support orders would cancel out one another.

Example: In Indiana, if you are collecting child support ($340/mo) and need assistance, the state gives you the assistance ($229) and keeps the child support and gives you the difference which is the same as the child support. This is the system that I am dealing with

ScottGem

It makes sense that the state doesn't allow you to essentially double dip. If you are getting child support then you shouldn't get public assistance. Or, if you are getting assistance, then you should reimburse that from the support.

So there are 2 children. The daughter you have custody of and the sing your ex has. So you are paying child support for the boy. Your custodial arrangement for the daughter has nothing to do with this then.

If your wife needed public assistance, because the amount you were paying wasn't enough, I can see them raising the support and grabbing your refund to reimburse the state,

I will again say, I think you need an attorney to sort this all out.

The WB

Maybe I have given you too many details. The only problem I have is that they have my money. I have no problem with paying support or repaying the state. The problem is that after the debt to the state and my ex was repaid, the state kept the extras.
As for them raising my payments, they won't do that unless she requests it. She didn't want the order anyway because of what I am going through now. We have a good relationship which is rare and our kids are well taken care of. Me having custody of our first should, in no way, reflect negatively on her.
Yesterday, I found out that I can write a simple letter with the case number to the judge and request a court date. I can't afford a lawyer, but the paper work should speak for itself.

ScottGem

Before you go to court, you need to get an exact accounting from the agency that has taken the funds. I'm not saying they didn't over charge, but I'm saying is possible they didn't and you think they did because you don't have all the numbers.

If they won't give you an accounting, then include that info in your letter to the judge asking him to force them to turn over the numbers.

excon

Hello WB:

I was about to say that I think you can get heard by the court, by writing a letter.

I've changed my mind. What I thought might be a simple task, looks like it's very complicated, involving several state agencies.

I don't understand who wouldn't talk to you, or why you care. You don't need a discussion with anybody to go to court.

Given that I don't think you understand that, I think you're in way over your head in terms of getting this fixed by yourself. I think you need an attorney.

excon

The WB

I already have the first accounting that they gave me. Their numbers were wrong. I went back to the State Child Support Office made them take a second look. I mentioned this in my first post.

excon, I was in the County Prosecutor's Office Child Support Division. At first I didn't understand that they are not trying to help the non-custodial parent. I am considered the enemy(legally). Any info that I gave them was detrimental to my position. I was told that, even if I wanted to take her to court as a custodial parent, I would have to get my own lawyer. Because it would be a conflict of interest.
The only way that I could get the records is thru my ex. The one time that someone did talk to me, I convinced them to order a copy of the records. The only catch was that they were going to send them to my ex and it took 90 days. If we were not on good terms, I would not have gotten these records so easily.
Recently I found out that I could have went to the State Child Support Office and got the same paperwork immediatly. I found this out while they were correcting the mistakes.
I went to the law library and studied for a few hours. I learned how to write motions(discovery, requests for dates).