Getting overpaid CS back

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Indianadad

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My ex-wife and I divorced about 8 years ago in NC. At that time it was established that we both have shared physical and legal custody of our 2 children. They spent half the time with me and half the time with her. In 2004 the company I worked for went bankrupt and I ended up finding a job and moving to Indiana. At that time we decided that it was best for the kids to stay in NC and I would pay to support them. We consulted the NC child support tables/guidelines and shared pay stubs to establish the amount of child support. Starting in 2004 I have paid every single month to support my children and I have maintained an extremely good relationship with them. I fly them back and forth, we take trips all the time and they spend the entire summer here.

Then in 2008 I was remarried and my ex-wife lost her job and had to take a lower paying position. She has been quite disguntled and increasingly diificult to deal with since then. In the winter of 2008 without any warning, I received a court notice that she had gone to the NC CS office and I was being ordered to pay almost double what I was paying before. I wasn't happy about it but it is what it is. I spoke with the case worker at that time and asked how to pay it and was told it would be directly taken from my check. It took about a month for that to happen and the arrears amounted to one month's worth or about $1200. Within 2 weeks and before I could pay any on that, I received another notice from NC that a court order was made to withdraw an addtional $100 to pay the arrears. Well fine, I just let that go knowing full well that if I paid more on it I would never see it again.

Now here it is a year later and according to the NC CS website, the arrears is all paid off. Then I notice my tax return was deposited in my checking acct and is $550 less than what I expected. Thinking I made a mistake I waited till I I got something from the IRS. NC CS had them garnish $550 from my tax return and the balance on the NC website is +$570. I have tried calling and talking to the case worker and she tells me she cannot or will not discuss the case with me. The court order for the arrears is still in place and I am certain will continue to take an additional $100/month. What do I do? How can I get my money back? How do I get the court order arrears payment stopped?

I am happy to support my kids but this is getting ridiculous. I can hire an attorney but I am sure the cost of an attorney will be as much as what I stand to gain. To make matters worse we have had the agreement that next year my son will start middle school and he will come to live with me here. Everyone agrees with this including, my son and the ex-wife. But how do I get NC CS to review the case then? After that my daughter will turn 18 and graduate from high school next and I am certain if I don't do something the ex-wife will just continue to collect.

Sorry for the long first post but thought I should try and present all the information.
 
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People should never agree to pay child support without the benefit of a court order.

Your case stands as an example of what usually happens when you do!

Anything that you pay without a court order, doesn't count at a later date.

Nothing that you expended over these last few years counts towards legal child support payments.

You are on the hook for whatever the disgruntled parent can now convince a court or child support agency to assess you.

They can and will confiscate any tax refunds, wages, and liquid assets to satisfy their proclamation.

If you have no court order for child support, get one, ASAP.

Otherwise, they'll get you for arrearages, penalties, and anything else they can.

They consider what you have paid as gifts!

Your remedy would be to file a petition to sort out all child custody and support issues.

You should hire an attorney.

Yes, it'll cost you, but not as much as what these sharks will do to you!




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The court order was established in December 2008, there were no arrears established at that time and there are no arrears owed now. Infact, it shows a credit of $570.
 
The court order was established in December 2008, there were no arrears established at that time and there are no arrears owed now. Infact, it shows a credit of $570.

Yes, that was the one your disgruntled EX sought and was granted.

But, prior to that, everything you paid was not counted.

That is why you are being treated harshly.

The overpayment should be applied in due course to future payments.

You should request approval to not pay a future payment.

This must be done in writing to the court or Child Support.
 
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