Recovering Child Support Money from Custodial Parent

[SaltyDawg]

Jurisdiction

North Carolina

Hi all,

I am a non-custodial parent living in Charlotte, North Carolina and have a child who lives with his mother in Florida. My son is 6 years old and just completed his first year of Kindergarten in May 2022.

Before he was in Kindergarten, part of my child support agreement included having to pay for his daycare costs. I filed a motion to modify support in August 2021 since he would no longer be attending daycare, and I finally got my hearing 9 months later in May 2022. The judge agreed to modify support to remove the daycare costs, and additionally agreed to backdate the new support amount as of September 2021. The judge mentioned in the hearing that I would be able to receive the difference in the support amount for the 2021-2022 school year where I was paying for daycare that my son was not attending.

However - I never received that daycare amount back. I went to the Child Support Executive office in Charlotte and they told me that I would not be able to receive those funds back because they had already been garnished from my paycheck and paid out. The Child Support Executive Office was able to provide me a notarized audit of the additional support I've paid over the previous year, but told me that I will need to file a complaint in small claims court in order to receive the daycare money back.

Additionally - both the State of North Carolina and the State of Florida garnished my paycheck for my new support amount during the month of July. So now I have been calling both offices trying to do what I can to get my money back. So far it seems that everyone I have spoken with have refused to take any responsibility ("your employer garnishes the wages, we just process payroll")

I am definitely not happy how inefficient the government has been in handling my case as well as all of the additional funds they have taken from me.

My question is - is going through Small Claims Court the best route to getting my money back? Will it take another 9 months to get a hearing? Do I have a good chance of winning? I have never missed a child support payment. I just want what is owed to me.

 

[Zigner]

What did mom say when you asked her how she planned to repay you?

 

[adjusterjack]

The money the states have taken has already gone to your ex. They aren't going to lift a finger to get it back for you. Your employer has no choice but to obey the garnishment order. He can't get it back for you.

Zigner's question is wryly implying that your ex owes you the money and it's up to you to get it back from her.

Start by asking her for it.

If she won't pay you'll need a court order from a Florida court compelling her to pay. If your divorce case is in Florida, you do it in that case, you don't open a new case for it.

How much money are you talking about?

 

[army judge]

My question is - is going through Small Claims Court the best route to getting my money back? Will it take another 9 months to get a hearing? Do I have a good chance of winning? I have never missed a child support payment. I just want what is owed to me.

You can sue the woman you inseminated who later birthed a child you sired in an attempt to recover the ALLEGED amounts overpaid.

You will have to bring that lawsuit in the Florida small claims court in the county where the mother resides.

You'll find filing the lawsuit to be easier than collecting the judgment. The courts won't assist you to collect what you've been awarded, assuming you prevail. Before you waste your time, additional money, and effort in filing and trying the case, consider that very few small claims litigant's ever collect a dollar of their judgments.

It might be best to let the matter go.

The court might see you as a father taking food out of his child's mouth.

If the mother is a typical single parent struggling to make ends meet, put food in the bellies of her children, a roof over their heads; you could be seen as an evil, selfish parent.

 

[SaltyDawg]

The money the states have taken has already gone to your ex. They aren't going to lift a finger to get it back for you. Your employer has no choice but to obey the garnishment order. He can't get it back for you.

Zigner's question is wryly implying that your ex owes you the money and it's up to you to get it back from her.

Start by asking her for it.

If she won't pay you'll need a court order from a Florida court compelling her to pay. If your divorce case is in Florida, you do it in that case, you don't open a new case for it.

How much money are you talking about?

Because it took so long to get a hearing the State of North Carolina took an additional $4,000 from me and the State of Florida took an additional $500 from me.

Of course, Mom can't return it because she has already spent the money. But that is not my problem. The money did not belong to her. She needs to return it.

 

[SaltyDawg]

You can sue the woman you inseminated who later birthed a child you sired in an attempt to recover the ALLEGED amounts overpaid.

You will have to bring that lawsuit in the Florida small claims court in the county where the mother resides.

You'll find filing the lawsuit to be easier than collecting the judgment. The courts won't assist you to collect what you've been awarded, assuming you prevail. Before you waste your time, additional money, and effort in filing and trying the case, consider that very few small claims litigant's ever collect a dollar of their judgments.

It might be best to let the matter go.

The court might see you as a father taking food out of his child's mouth.

If the mother is a typical single parent struggling to make ends meet, put food in the bellies of her children, a roof over their heads; you could be seen as an evil, selfish parent.

It's evil?

Just like mom - all I do is file the paperwork. If the government garnishes her wages as a result, then she should take it up with the government.

I've had to pay her for her grandma to babysit once a week so I do not care.

 

[adjusterjack]

Because it took so long to get a hearing the State of North Carolina took an additional $4,000 from me and the State of Florida took an additional $500 from me.

Well, the state won't do anything for you and there's nothing you can do about that.

Just like mom - all I do is file the paperwork. If the government garnishes her wages as a result,

You can also levy her bank account. But I don't think you can do either without a court order. What you have so far might not do it.

 

[army judge]

If paying court mandated child support frustrates, annoys, or vexes you; don't engage in any sexual activity where a pregnancy might result.

Bottom line, avoid breeding, your bank account won't be bleeding due to a court order.

If you are told you're the baby's pappy, immediately request court ordered genetic testing.

No need to argue, fuss, or fight.

Await the results of the genetic test, eventually you just might be exonerated as NOT that baby's biological pappy!!!

 

[SaltyDawg]

If paying court mandated child support frustrates, annoys, or vexes you; don't engage in any sexual activity where a pregnancy might result.

Bottom line, avoid breeding, your bank account won't be bleeding due to a court order.

If you are told you're the baby's pappy, immediately request court ordered genetic testing.

No need to argue, fuss, or fight.

Await the results of the genetic test, eventually you just might be exonerated as NOT that baby's biological pappy!!!

Did you not read my post?

I am frustrated about having paid for a whole year of daycare, which is very expensive, when my son did not attend.

 

[retic]

My question is - is going through Small Claims Court the best route to getting my money back? Will it take another 9 months to get a hearing? Do I have a good chance of winning? I have never missed a child support payment. I just want what is owed to me.

Given the info posted above it looks like a small claims court case is your only option to getting your money back. No one here knows how backlogged the courts in Florida are at the moment, and no one has a crystal ball to predict how the judge will rule. All you can do is file the case, bring your evidence, and present it as clearly as possible.

 

[stealthy1]

The judge mentioned in the hearing that I would be able to receive the difference in the support amount for the 2021-2022 school year where I was paying for daycare that my son was not attending.

Did the judge "mention" that in the order?

Also - does your son attend full- or half-day K? Does the school offer before/aftercare, and does your son attend that? Just curious.

 

[SaltyDawg]

Did the judge "mention" that in the order?

Also - does your son attend full- or half-day K? Does the school offer before/aftercare, and does your son attend that? Just curious.

No he doesn't attend any of that.

That is why it was removed after the hearing for modification.

It took 9 months to get a hearing.

I have paid for daycare he didn't attend for 9 months.

That is money that was taken from me that should not have been taken.

 

[army judge]

Did you not read my post?

I am frustrated about having paid for a whole year of daycare, which is very expensive, when my son did not attend.

There are many things that frustrate me in this life.

They are too many to list.

I've learned to live with the things over which I can't control.

 

[leslie82]

No he doesn't attend any of that.

That is why it was removed after the hearing for modification.

It took 9 months to get a hearing.

I have paid for daycare he didn't attend for 9 months.

That is money that was taken from me that should not have been taken.

Take her to small claims court. Sometimes life isn't fair. My ex husband mooched a small fortune out of me. He owes me like 7K in CS. Plus 7 years of half of daycare. I know I'll likely never see it. And child support enforcement doesn't do anything. I've gotten maybe $300 in 7 years in CS. Because he's either in jail, prison or rehab. I just chalk it up. Because it's going to cost me more in time and money to take him to court than anything.

If you really want it back seems small claims is the avenue to go.