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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116776
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I was ordered to pay child support and had my disability benefits

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I was ordered to pay child support and had my disability benefits garnished until after my 3rd request for a hearing they did a modification and found that not only was I paying almost 300 more than the state guidelines, but that due to Weaks vs. Weaks in Mo supreme court since my new child support amount was less than they received from dependant disability benefits.I owed nothing at all, I have repeatedly requested a full financial accounting of my child support case but am ignored when I ask to speak with anyone who can make this right. They took almost 4,000 of my back disability payment along with paying the back dependant desability benefits and I have been told that if I can show documentation that the disability was instated prior to the child support order they would have to refund the money they wrongly took. That obviously is not a problem, yet they ignore my letters and calls. Who is in charge of Child Support? Who ensures that things are made right when they refuse to acknowledge their own mistakes? What do I do to get my money back?
The problem with the child support enforcement office is that they are supervised only by the prosecutor's office and they are generally no help at all in returning money or reducing support. For any return of money or reduction people have to file a motion in court for the accounting and refund from them and the court is the one that orders them to make the refund. Thus, you need to find a motion for reimbursement and accounting from them and ask the court to order them to refund any overpayments taken from you.

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Customer: replied 4 years ago.

Dear Sir,


What court do I file the motion in? Civil,probate,administrative? And where can I find out exactly how to prepare this motion properly? I'm afraid they have to be just so, sending the motion in the form of a letter would be akin to appearing for an arriagnment in flip flops, tube top and a nose ring. Needless to say highly inadvisable, although sadly quite common.Thank you for your time, Stephanie

You file the motion in Family court . Sending a motion in form of a letter is certainly not proper and astute of you to understand. You can get a format for a general motion at the court self help desk or in the court library by asking the librarian for the form books. Your motion here is really not a standard type motion, since you are looking for reimbursement of overpayment of child support and you are going to have to cite your case law in the motion supporting why you are entitled to the reimbursement of the money together with your evidence of how much you are entitled to.

We cannot provide actual copies of motions here because of issues with copyright laws I am afraid.
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