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    tangoos's Avatar
    tangoos Posts: 1, Reputation: 1
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    #1

    Dec 26, 2008, 01:30 PM
    Why?do I have to pay back their mistake?
    Hello, my question I hope can be answered.I received a letter from child-support stating they over paid me 3,000 dollars and I have to pay them back because they already paid back the non-custodial parent,they stated they made the error for the last few years,and was taking more from the father than was stated on the court order,how is that my fault?and they are threatening they will take my taxes this year.can they really do that?Iam the mother.my child is now 14 years old Ihave only ,received 110 dollars from the father for the last 12 years.every few months.please help me,
    mrscoltweaver's Avatar
    mrscoltweaver Posts: 240, Reputation: 20
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    #2

    Dec 26, 2008, 01:54 PM

    I feel for you. Try to call an attorney that specializes in these affairs-if you don't know one, call any listed and ask then if they know one! Lots of times, the first phone consult is free. Check your state laws, also. Be proactive! And... it's not your fault, nor is it fair-it just sucks.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 26, 2008, 02:51 PM

    Well you have or should have had a copy of the court order, how much did it say the father is suppose to pay?

    And if they were taking too much, over a few years to equal 3000, that had to be 80 or more a month too much, so you would have had to be getting a lot more if they were paying you that much extra.

    But if you received more than the court order, yes you should have known it and contacted the court also, you have some obligation to collect the correct amount,
    If it had been 30 dollars short, I bet you would have been calling the court the next day?

    Of course you owe it back if they paid you too much and the amount is set by court order.

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