Ask Me Help Desk - Receiving re-embursement of overpayment of child support

My husband is trying to find out the best way to receive child support overpayment in the state of Indiana. We are looking at approxiamately $14,000.00 worth of overpayment. He still has one child on support that is 17 years old and going to college next year. How did this happen? He did not seem to have anyone cooperating with him with his case until a new case worker entered the equation and found the mistake. We have lost our home because of this miscalculation! Seriously- we need help. Thanks-Debbi

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Originally Posted by weneedhelp

My husband is trying to find out the best way to receive child support overpayment in the state of Indiana. We are looking at approxiamately $14,000.00 worth of overpayment. He still has one child on support that is 17 years old and going to college next year. How did this happen? He did not seem to have anyone cooperating with him with his case until a new case worker entered the equation and found the mistake. We have lost our home because of this miscalculation! Seriously- we need help. Thanks-Debbi

You would have to go to Court and with that sum of money, probably would need an Attorney. I don't know if your Family Court would entertain the case or if they would decide it's already settled in their eyes and then you would have to sue in a superior Court to get the money back.

How in the World did they miscalculate to the tune of $14,000 - ?

Depending on the current level of support going to your child and considering his age you might be able to amend the current support order as paid in full if you can get a judge to accept that there was $14,000 overpayment. Sometimes that's the only way to get your money back. But you won't get anything unless you go to court and ask for it. Its sad you had to lose your home over it but most courts want to see the walking walets live in cardboard boxes because they are much easier to control. ( sorry but that's my opinion of the current court system for child support ) Good Luck.

We are unsure as to how this debt occurred, but I was pretty curtain it was happening and no one really caed in the court system. ( By the way, I could not agree with you more concerning our child support system.) It is a very long complicated story, but I will try to break it down for you. In 2002 my husband was taken to court for his so -called "unpaid" prtion of medical bill-nine years worth all at once! She nickled and dimed him to death for three children's medical bills. He went without counsel and was blown away. The courts proceeded to garnish both his and my tax returns for the following four years. (mine because I was new to thd divorcée scene and very green!) He contacted the courts and the practicing case-worker at the time, but to no avail. Even when I filed for injured spouse, I did not receive my portion of the refund. They claimed it was an insignificant amount. My husband would comment each year that we would finally be done with tax garnishments. We were not. Half his pay was already court ordered form his pay-checks; Therefore, we filed chapter 7, lost our home, a lien was put on his vehicle, we got rid of most of our belongings, and here we are today-finding out that we are overpaid enough to have avoided our outcome. We need to move forward. I would never do this to my ex husband. My husbands ex knew that he was overpaid and would not report it, even though she assured him on a number of occasions that she would! Ouch! I am too upset right now to continue. 10-4

Quote:

Originally Posted by weneedhelp

We are unsure as to how this debt occured, but I was pretty curtain it was happening and no one really caed in the court system. ( By the way, I could not agree with you more concerning our child support system.) It is a very long complicated story, but I will try to break it down for you. In 2002 my husband was taken to court for his so -called "unpaid" prtion of medical bill-nine years worth all at once! She nickled and dimed him to death for three children's medical bills. He went without counsel and was blown away. The courts proceeded to garnish both his and my tax returns for the following four years. (mine because I was new to thd divorcee scene and very green!) He contacted the courts and the practicing case-worker at the time, but to no avail. Even when I filed for injured spouse, I did not receive my portion of the refund. They claimed it was an insignificant amount. My husband would comment each year that we would finally be done with tax garnishments. We were not. Half his pay was already court ordered form his pay-checks; Therefore, we filed chapter 7, lost our home, a lien was put on his vehicle, we got rid of most of our belongings, and here we are today-finding out that we are overpaid enough to have avoided our outcome. We need to move forward. I would never do this to my ex husband. My husbands ex knew that he was overpaid and would not report it, even though she assured him on a number of occasions that she would! Ouch! I am too upset right now to continue. 10-4

Stories like this actually make me furious... and ill. I know it happens but very few people lay it all out as concisely as you have. This is not the first time I've heard IRS makes its own laws about the injured spouse form.

Wish I were able to wave a magic wand - I wonder if you have grounds to sue the caseworker who supervised this, the child support unit... someone. You've certainly been damaged by SOMEONE's inability to do his/her job.

All I can do is say I'm sorry you're in this predicament - this is beyond devastating.

I don't believe they can sue the caseworker because as has happened in the past it was up to them to file something with the courts if there was a disagreement on the matter ( mistake or not ). The courts seem to " favor " mistakes made by their own and seem to want to punish a person for bringing it up. As far as tax intercepts go you might look into filing separate ( depends on your tax status ). As far as relief you MUST go back to court and prefferably with a good lawyer at your side. The time to act is now while recovery of some kind is still possible. Good Luck.