My ex is threatening the first of the year to sue for overpayment of child support- he says over $3,000. Here is the short story again- I was getting Approx $200.00 in child support when he became disabled- once he got ssd my duahgter started getting a check over $300.00 . I called the child support enforcing agency and told then she now qualifies for social security benefits because her dad. they started the process to modify the support order. I had to fill out lots of finacncial papers in July one year and as of october that year he never filled out his share. So they mailed the papers out again. Again I filled out my share he never did. Meanwhile I was still get child support and her check. This went on for approx one more year- each time I got child support I got yelled at one the machine, cursed out at visitation etc. I kept telling him "fill out your financial papers so they can determine you can no longer afford to pay and then they will modify the order, etc. I finally just after 18 months told them drop the order i was tired of the harrassment. Well now almost a year after that, he is threatening to take me to court to get back that child support. I don;t hav eit anymore - it was used to care for our daughter. What will happed? anyone know?

Let me get this correctly......

he wanted you to modify the child support for him to pay less???



Well, I agree with HB. Don't worry about it. It doesn't seem like there is anything wrong with him taking it to court himself and go through all the hassel. You're busy raising a child.

Since it didn't go through the CS office... isn't it considered a gift?

My EX recently sent medical reimbursement through the CS office so now it looks like an overpayment. (&*^%&@^) So if his SS sent me money.... i would say thank you for the gift.

The child support payments did go thru the enforcement office. I called yesterday and checked to see how many times I called them to check if I was still supposed to be getting child support if she was getting a ssa check. I called every five months approximately thru 2005 and 2006. the day I found out she was eligible for ssa I called the child support office and told them- so I was not trying to hide anything. He kept on accusing me of commmitting fraud. yeah you're right -- he wants the money back- but believe me it was used on her- the ssa check goes to pay for child care only- I pay all her medical bills ( I tried mailing them to him certified a few times they came back unclaimed), I pay everything for school, food and clothes. Yet he wants money back.

if your child support payments are going thru CS enforcment let them handle it. If he brings you to court, ask the CS enforment to have someone there with you, or the court can deal/ or send the case to CS enforment.

Thats that. You JUST take care or you and yours, not his stuff. Forget what he is spouting, STOP caring so much about what HE thinks. If he is being inapproaperate during exchanges, or visitations, let DONT let him by your home, YOUR DO HAVE THAT RIGHT. Exchange at the lobby of the police station or school, or boys club, or just let him pick up the kids after school where ever the kids maybe with you not around. dont put up with his bad behavoir you have your own stuff to keep up with, just do what your suppose to do, and let the **** fall where ever for him.

Sweety, you are not his mother, you are a mother to another, your own, and that is the only business you should be dealing with.

This stuff he is sputting, is his own issues, let him deal with it, you have enough on your plate dealing with your own.

Now take a deep breath, and say I am the captian of MY OWN ship, now sail your course, and let others [him] sail theirs [his].


stay strong you DO have the RIGHTS to be treating with repect and if someone will not give it, move away [emotionally] from that person.

let him deal with the people he send the mony too. They will know what to do, and if there is a problem, they will let you know. then deal with it.

okay?

Peace
Robin

robin Thanks for the advic I wish it was that easy for me not to worry-- but being threatened to be sued and pay back child support when I don't have it anymore is hard to not let it bother me. Being a single mom, financial stress is so great.

Has anyone had experience with paying back overpayment of child support?

My CSE office decided it was necessary to apply the overpayment immediately this past summer so I didn't get CS for a few months. I think they told me if I was on TANF they would hold the overpayment and it would thus could shorten my EX's time for paying CS. Its soooo wishy washy since he overpaid 6 years ago and I wasn't on TANF at all.

(They did advise me to file a separate claime for medical reimbursements since there is no limitations on the timeframe for claiming such---i know this is not your case but I'm irritated over reimbursements that should have taken place over 6 years ago)

I'm a little confused. How is it that you still received child support through the CSA if he was receiving disability benefits....was he still paying that support through the CSA as well as you receiving the SSD checks? If so there is a chance that you could be responsible for paying that back.

Direct SSD payments made to the child are supposed to be the fulfillment of child support obligations. Even with the SSD payment of $300 being more than the support order of $200, that extra $100 does not count towards anything....arrears or future/overpayments. So if that's the money he's talking about he is wrong.

If you can't just let it take it's own course and let the CSA handle it (which is also what I would suggest) since your support is being handled through them, then call them again or even better if possible go in person. Lay it all out on the table so they know what's taking place and that he is threatening to sue you. Which by the way, if he was so worried about it why didn't he file for that modification when all that was first happening. In fact it should have been as simple as him notifying them that he filed for and is now receiving SSD, with benefits going also to his child, and it wouldn't have even required a modification hearing. They simply would have changed that in their system to reflect that his support obligation was being met through Social Security.

Meant to ask about the medical expenses. Is there an order for him to pay any medical expenses, is that why you sent those certified to him? If so, then anything that he might have paid over in support can just be applied to those medical expenses.

Don- I am confused also. All I know is I found out she could get a SSD check off of his benefits but I was still receiving a child support check also- subtracted from what I don;t know, I don't know what the child support check was taken out of? I assume it could not be taken out of any SSI he might have been getting so I figured it was coming out of his SSD check. I never kept anything a secret - the day I applied for my daughter's benefits I asked to social security office what happens with my child support now? Their answer was call the CSE. So I did- thats why they said I actually helped him out by alerting them of a change in his financial status so then the process fo modification started but he never completed his share of the paperwork for it several times.

In the divorce papers it states he is esponsible for paying half of the medical bills not covered by my insurance- so that why I mailed the largeer medical bills to him certified without any response.

SSI does not count as income towards child support. I understand a "little" better now what's happening. You were the one to apply for the SSD benefits to go to your daughter, I knew it wasn't automatic. At any rate, I would then assume that he was making his support payments on his own since SSD wouldn't have allowed a garnishment for the support since they were already paying benefits.

He really should have handled his own business and followed through with that modification paperwork, so that's also on him.

But anyway, bottom line for you is I would assume you still have records of all those medical expenses so at least that amount will be deducted from whatever "overpayment" may be there. I think I would contact CSE and tell them that you are receiving those SSD benefits and that you had tried to get information about that from them previously. But now you "heard" somewhere that SSD benefits were considered to be the child support obligation. Let them handle it and also ask them to enforce the medical payments through it as well. Unless you want to just wait it out and see if he even follows through with what he's saying.......meanwhile, do not cash any more child support payments that might be sent to you until it's sorted out.