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The WB · Oct 4, 2006, 01:58 PM

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 explanation. 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 · Oct 4, 2006, 07:52 PM

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 · Oct 5, 2006, 08:23 AM

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 · Oct 5, 2006, 08:44 AM

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 · Oct 5, 2006, 09:32 AM

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 · Oct 5, 2006, 11:49 AM

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 · Oct 6, 2006, 10:28 AM

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 · Oct 6, 2006, 10:50 AM

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 · Oct 6, 2006, 11:03 AM

Originally Posted by The WB

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.

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 · Oct 7, 2006, 07:05 PM

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.

Originally Posted by The WB

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?

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 through 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 immediately. 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).

LUNAGODDESS · Oct 7, 2006, 07:28 PM

I guess what... I know some one in Indiana that went to the county seat with the ex and asked for the child support check that was not sent too them.. the woman behind the counter told her that would not give the check too her because she had issues that were not business or professional... my friend went to the county sheriff office and filed a complaint... because their could have been some illegal in her... words bull s***going on... Indiana also kept a return because her ex filed too late... any taking of your funds should be explained by the IRS and the State of Indiana... if they cannot correct the error that same day... file a complaint the State Attorney's Office and they will lead you to the right place...

I also had another friend that filed Bankruptcy 13 and paid on the charge for 14 years and she overpaid... she reported the illegal transaction and was given her money back with interest and the collection agency responsible was removed from service... this was hushed.. if the Republican party wanted dirt on a demo-crated run state this state will top the list of bull-sh** happening to citizens...
How do you get your money back this could be felon... filed a complaint with state attorney's office of Indiana... this is too serious... give them two days to respond with respect...

Oh,. if your ex is still on welfare then that 2200 dollars is with the welfare department check with the welfare department also before you file a complaint...

Yes Indiana will keep your tax money... and not give you a reason why... fight back.. make some noise... call a media outlet... this is too serious.. it would have been different if your babies got the money... I know.. :rolleyes:

The WB · Oct 7, 2006, 09:05 PM

This all started when they took the taxes the first time. I was in the process of trying to buy a house so I could take uncontested custody of my son. The mortgage company checking my credit showed me that they had stuck a $25000 child support debt on my credit. At first, the procecutors office tried to tell me that that was how much welfare my ex had received and that I still owed $18000. Now, miraculously it has disappeared off my credit after the damage was done. I kept running calculations and found that that number equals the total amount of child support that I would have paid from the time that the child support order was made. She had only received assistance for 20 months at $229/ mo. The last time being in '04. That does not add up to $25k. Our son is 13 now. Long ago WE went to them and told them to stop taking my money because it wasn't nessecery. Sometimes she wasn't getting a check after they took my money. They stopped but they said that they would keep a running total of what I would owe. I'm not sure what prompted them to hit me with that sum.

The WB · Oct 12, 2006, 03:22 PM

I took the letter to the family court. The Judge happened to be in the office at the time. She read the letter and looked over the info and sent me to another part of the child support division. I talked to a deputy and he looked at the info and sent me to the Indiana Circuit Court office they looked at the letter and info and sent me to the Clerk's Office. The whole time, everyone is wondering why I was sent there by the previous office.
The clerk's office was the only place to give me any helpful info. I had to explain what the Affidavit of TANF and Support Record was. This is the corrected info that I got from the state. It shows how much assistance the mother has received since my son was born. It also shows how much and when support was collected as well as the dates and amount of taxes intercepted.
After the supervisor started digging, they found a rlot of things that puzzled them. She told me that since the Prosecutor's office has attached the $25000 arrearage(now $18000) to me, the State would probably give the mother the excess. She also told me that either we could go to the Persecutor's office and she could tell them that I don't owe her any arrearages. Or, she could give them a notorized letter stating that I don't owe her any arrearages. My ex said that she would do either one. I LOVE MY BABIES MOMMA!!
After we do that, I will go to the court with that as ammo because I know that I am not going to get a response.
What's funny, is that the lady in the Circuit Court office gave me a number for the State court that turned out to be the automated child support hotline.

sensualambiance · Nov 5, 2006, 12:15 AM

Originally Posted by The WB

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?

Leave it alone. I am sure this woman supports your kids well. Do not take food out of their mouths for your greedy attitude. You asking for this money will mean less support for the kids for probably most of the year. If you can live with the fact that you may be literally taking food off your kids plates and clothes off their backs then go right ahead.