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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86599
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How do I recover the over payment of child support exceeding

Customer Question

How do I recover the over payment of child support exceeding $12,000 as the result of an "Income Withholding Order" that was not canceled at the appropriate time even after numerous notifications and requests were made to the office of the Attorney General Child Support Division.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Please understand that the Attorney General Child Support Division is not your friend (as you may already know), and is not going to do anything for you. What someone in your situation has to do is to file a Motion To Declare Child Support Obligation Fulfilled and Recovery for Overpayment, serve the other party, and set it for a hearing.

The Judge will then determine what has happened exactly, and if they are convinced that you are overpaid, shall then order that whatever was overpaid be returned to you in an order.

Unfortunately, this is not a "standard" motion and you may need to have an attorney draft it for you, although you can look for it online (it may be named somewhat differently) on sites like uslegalforms.com or usalegalresource.com.

An attorney is recommended, of course. May I recommend the Texas Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

If finances are an issue, I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/texas.html

…and another list:

http://www.lawhelp.org

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-texas.asp

I hope this helps and clarifies. Best of luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.


will the "other party be the "Child Support Division" that wrongfully collected and distributed the money or the custodial parent who has no knowledge of what is owed or when the obligation was completed? It seems to me that it is the Office of the Attorney Child Support Division that has been negligent in this case and should have been responsible for the cessation of the Income Withholding Order because they are the organization that is responsible for informing the parties that are involved with the payments and reception of the moneys.

Expert:  Ely replied 1 year ago.
Yvette,

Thank you for your follow up.

will the "other party be the "Child Support Division" that wrongfully collected and distributed the money or the custodial parent who has no knowledge of what is owed or when the obligation was completed?

No friend, it would be your ex who actually received the child support (through the Attorney General).

It seems to me that it is the Office of the Attorney Child Support Division that has been negligent in this case and should have been responsible for the cessation of the Income Withholding Order because they are the organization that is responsible for informing the parties that are involved with the payments and reception of the moneys.

I would agree with you. However, the way our system is set up is that you have to pursue your ex, to whom the money is actually being sent once it is garnished. You may always file an administrative complaint with the Attorney General, here. This would be a better way to hold responsible parties liable for their (in)actions.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)

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