Asked 12/30/2009
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I overpaid child support in Ohio and want to know how to get it returned. I overpaid child support by $800.00 dollars and Child support enforcement knew about the overpayment and did nothing about it. When the child turned 18 and child support ended, that is when I was told I overpaid. What can I do to get that money returned to me? I live in Ohio and all of this took place in Ohio. |
Answer 1/7 - Submitted 12/30/2009
I assume you paid your child support to the Ohio state child support agency and that the check was made payable to the agency. If this is the case, i would ask for the overpayment now that the ''account'' is closed. Even if the check was made out to the mother, the state agency dictated how much you had to pay each month, right? Then, i would also ask for the surplus in your account be returned to you. If you are refused by the agency, i suggest you go to the family court that ordered you to pay the support, and tell the judge the agency has refused to return the surplus money in the closed account. If the court fails to act, look into suing the agency in small claims court.
Answer 2/7 - Submitted 12/30/2009
Here is how it is done in Ohio; you request an adminstrative hearing on the overpayment.
This is an example of the hearing and the decision that the Department does have to pay you back, and the CP does have to repay the state.
http://www.bsh.jfs.ohio.gov/06Jun2004/Appeals/2004 -AA-0576.pdf
Though you are within your rights, as they should not have issued that check, you need to think about the amount you are owed and how it will affect your relationship with your child ( not the CP).
Just think a bit.
Answer 3/7 - Submitted 12/30/2009
My husband had a very simliar incident, he overpaid by a few thousand thanks to a gliche in the system, he sadly passed away before his daughter turned 18, I now have custody of her and the child support enforcement agency has been no help at all. As a side question to my lawyer about this, he basically told me to consider the money long gone, even though there is suppose to be repayment made to me now, it is rare that csea actually refunds any overpayments. Hope your luck is better than mine! (i am the step parent)
Answer 4/7 - Submitted 12/31/2009
Answer 5/7 - Submitted 5/7/2010
Answer 6/7 - Submitted 5/8/2010
Answer 7/7 - Submitted 1/31/2011
Usually last two payments are monitored or withheld until final balances of total money received on the account are totaled. Emancipation orders are set up ahead of time for this reason. It appears there were no emancipation orders in place. Ohio will send out notices to both parents as much as 6 months in advance. Both parents need to respond to notice of emancipation date. If you did not respond, than the order may have not been put in motion until you complained about still paying. By then you have over paid. Your only recourse is in small claims against the receiver, but this is never worth the time for such small amount. If the order was not made retroactive then your owed no money. Because you technically still needed to pay until stop order is issued. This is Ohio, they will ignore violators of large amounts of back child support and will jail folks owing 300.00.
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