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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115463
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I received a letter stating they overpaid me $1400 in child

Customer Question

I received a letter stating they overpaid me $1400 in child support! They put the check in my bank account 2/18/2015, I got the letter 6/19/2015. Should I contest this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The first thing you need to do is contact them and ask them for an itemized statement proving the overpayment. Child Support Services should provide you with a statement on your account proving the funds and to show that you were overpaid. In the event that they do not or refuse to provide you with a statement on your account, so you even know if there is anything to dispute, then your next step is you have to file a motion in court to compel them to produce your account records to the court. That is the only way to really challenge this and if you do not believe the overpayment was correct, then you need to follow this process to find out.
Customer: replied 1 year ago.
They said it could have been a posting error, check being returned, or adjustment to a collection made through an IRS refund intercept. I will be asking for itemized statement.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
They have to prove what the reason was. What it could have been or may have been does not suffice. If they cannot prove why it was an overpayment, then you need to object and pursue it in court if they will not prove the reason they claim it was an overpayment.