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    weneedhelp's Avatar
    weneedhelp Posts: 5, Reputation: 2
    New Member
     
    #1

    Apr 22, 2008, 05:13 PM
    Remember the $14,000.00+ overpay for child support?
    Well I am back with some interesting news concerning the situation with my husband's overpaid child support (collection of arrearage). He had a court hearing today to assess this situation (the ex wife did not show up for this one). The judge was truly sorry that he was overpaid $14,000.00 and said he empathized with him and the fact that we lost our home over it. It is, after all, a grave injustice and somehow an apology just didn't cut it for us. Because his ex-wife did not appear for the hearing he is now going back again next month. The May hearing has a 'body attachment' clause added to it and she (ex) has to let the court know how she wants to pay back this exorbant amount of money. She gets a choice! How nice for her to be able to have this luxury! One good thing that came out of this is that my husband just landed a most excellent job and he is no longer required by law to pay child support for his last child for the last 3 years before her emancipation. :)

    I came across an article on line from Vancouver, WA where a man was also $14,000.00 overpaid. The mistake was caught by the state auditor and a check was given to this man for the full amount. I do believe Iwill at least be giving Indiana's state auditor a call for legal counsel. I'll will keep you up to speed on how that goes.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #2

    Apr 22, 2008, 05:23 PM
    I'm so happy for you! Hopefully she (the ex) will be able to show up the next time to explain why she continued accepting money that wasn't due to her and make payment arrangements. Let us know how it turns out!
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Apr 23, 2008, 01:50 PM
    Thanks for coming back and keeping us posted : )

    One thing you might want to check on is to make sure that a bench warrant was issued on the ex to appear. That way she doesn't have a choice not to appear because if an order comes by default ( one party missing ) then it can be fought over later. Good Luck!!

    Again thanks for the update

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