Arrears overpayment question

[purelyinsane]

What is the name of your state? WV

There's an overpayment on my husbands account by a couple hundred dollars. He's planning on quitting his job and finding another one. I plan on paying his support while he's transitioning. But since there's an overpayment we were thinking of not paying child support for one month to use up the overpayment. Seems more logical than trying to get them to send the overpayment back to him. I think it can be done but we don't want the hassle. Would they use his overpayment for that? He would call them and ask but his caseworker never calls him back. So this is the next best thing i guess.

 

[seniorjudge]

This is not an overpayment; it is just a payment in advance.

 

[purelyinsane]

Well currently there's an overpayment. so how could it be a payment in advance? Regardless...will they use that money for his child support if he doesn't pay next month. that's all i want to know.

 

[fairisfair]

Well currently there's an overpayment. so how could it be a payment in advance? Regardless...will they use that money for his child support if he doesn't pay next month. that's all i want to know.

His court order is as it stands. He is ordered to pay XX amount of $$'s per month.

THAT is what he is to pay.

You do not get to decide how the monies are applied or disbursed.

PERIOD.

If there is an overpayment, then it will be refunded. When CSE or the court decides.

NOT YOU.

 

[purelyinsane]

His court order is as it stands. He is ordered to pay XX amount of $$'s per month.

THAT is what he is to pay.

You do not get to decide how the monies are applied or disbursed.

PERIOD.

If there is an overpayment, then it will be refunded. When CSE or the court decides.

NOT YOU.

Well he got in touch with the caseworker. she said they would keep the money in there until the child is 18. and if he ever becomes behind they would apply it to the arrears. So...if anyone is interested.

No one cared how it is disbursed. I could care less how the mom gets the money. I could care less how it's applied. No one said I was deciding anything. I was asking if it could be used for those purposes. People on this board are jerks. What's with the power trip? I'm a geologist and i am sure i make as much or more money than some of you. And yet..i dont think i'm any better.

 

[Cainlord]

Some people seem to have an axe to grind unfortunately (swings between hate the man, then hate the woman periodically based on the grinders side they were on). There is still good advice to be found under it.

 

[purelyinsane]

Just checked the child support account on the BCSE website and looks as though all of the money the IRS held has been sent to BCSE and the payment has been accepted.

I called the IRS to ask why they didn't refund a portion of my taxes and IRS told me my injured spouse claim was still being processed and the money cannot be applied to the account until the injured spouse form has been completed or for a period of six months. Whichever comes first.

So now I'm baffled. Is it possible the US treasury released the tax money before processing the injured spouse claim and if so what happens when the IRS determines I do deserve a portion of our taxes? Do they recover the money from BCSE? The IRS was really baffled at this.

 

[Just Blue]

Well he got in touch with the caseworker. she said they would keep the money in there until the child is 18. and if he ever becomes behind they would apply it to the arrears. So...if anyone is interested.

No one cared how it is disbursed. I could care less how the mom gets the money. I could care less how it's applied. No one said I was deciding anything. I was asking if it could be used for those purposes. People on this board are jerks. What's with the power trip? I'm a geologist and i am sure i make as much or more money than some of you. And yet..i dont think i'm any better.

Go and find another forum where the people are not jerks.

 

[LdiJ]

Just checked the child support account on the BCSE website and looks as though all of the money the IRS held has been sent to BCSE and the payment has been accepted.

I called the IRS to ask why they didn't refund a portion of my taxes and IRS told me my injured spouse claim was still being processed and the money cannot be applied to the account until the injured spouse form has been completed or for a period of six months. Whichever comes first.

So now I'm baffled. Is it possible the US treasury released the tax money before processing the injured spouse claim and if so what happens when the IRS determines I do deserve a portion of our taxes? Do they recover the money from BCSE? The IRS was really baffled at this.

Its complicated how the whole thing works.

What happens is that the money is released to the state conditionally. The state is required to sort of hold the money in escrow (for lack of a better term) if there is a potential for an injured spouse claim, until the IRS gives them the green light to dispurse it.
If no injured spouse claim has been filed, they must hold it for six months (to allow time for the potential injured spouse to make such a claim) or until the injured spouse claim is processed. It takes the IRS anywhere from 6 to 11 weeks to process an injured spouse claim.

Just FYI for anyone reading this thread who might receive a federal tax intercept...The IRS does have the power to collect offset tax refunds back from the state if for any reason the refund wasn't legit..even years later. If that happens, some states will just add it back on to the person's arrearages, but other states will actually add it back to the arrearages AND collect it from the person who RECEIVED the money.

So, lets say that an ncp owes arrearages, claims the children when then are not supposed to, and has their tax refund intercepted. The ncp is later audited and has to pay back the incorrect amount of the refund. Usually the IRS would simply go after the ncp for the money. However, the IRS does have the authority to take it back from the state, and the state does have the authority to take it back from the receiver. That's not usually what happen, but it can.

 

[OhReally?]

Its complicated how the whole thing works.

What happens is that the money is released to the state conditionally. The state is required to sort of hold the money in escrow (for lack of a better term) if there is a potential for an injured spouse claim, until the IRS gives them the green light to dispurse it.
If no injured spouse claim has been filed, they must hold it for six months (to allow time for the potential injured spouse to make such a claim) or until the injured spouse claim is processed. It takes the IRS anywhere from 6 to 11 weeks to process an injured spouse claim.

Just FYI for anyone reading this thread who might receive a federal tax intercept...The IRS does have the power to collect offset tax refunds back from the state if for any reason the refund wasn't legit..even years later. If that happens, some states will just add it back on to the person's arrearages, but other states will actually add it back to the arrearages AND collect it from the person who RECEIVED the money.

So, lets say that an ncp owes arrearages, claims the children when then are not supposed to, and has their tax refund intercepted. The ncp is later audited and has to pay back the incorrect amount of the refund. Usually the IRS would simply go after the ncp for the money. However, the IRS does have the authority to take it back from the state, and the state does have the authority to take it back from the receiver. That's not usually what happen, but it can.

Very, very informative. Too bad you can't make that a sticky.

 

[purelyinsane]

I can't find any previous posts on this question I'm going to ask so here it is.

In january my husband received five paychecks, each with support taken out. When I looked at the account summary the cse sends out i noticed that his fifth payment showed 50.00 less than what was taken from his paycheck. But for some reason I just didn't think much of it. So this month I noticed it happened again. He called his employer and they informed him that the company employs two people who pay support to WV state. And that they just combine the amounts they both pay and send it to the cse all in one sum and cse credits the accounts.

So he calls cse and they tell him that they probably credited someone elses account with his support payment and to send in copies of his paycheck stubs for January and March and they will fix the error and any arrears or interest that resulted in the mixup will be taken away.

My question is HOW can this happen? And does this happen often? Cse acted like it was no big deal.

Also, do cse workers make it a point to be mean to people? It seems like everyone my husband talks to with cse other than one man there is always rude. Why is that? Even the IRS was rude to me when I called about filing my injured spouse form. Until I told the lady WHY my husband had arrears and explained it was NOT due to not paying his support. Only then did the lady change her tone to being mean to almost feeling sorry for me. Does anyone else notice things like this?

 

[fairisfair]

I can't find any previous posts on this question I'm going to ask so here it is.

In january my husband received five paychecks, each with support taken out. When I looked at the account summary the cse sends out i noticed that his fifth payment showed 50.00 less than what was taken from his paycheck. But for some reason I just didn't think much of it. So this month I noticed it happened again. He called his employer and they informed him that the company employs two people who pay support to WV state. And that they just combine the amounts they both pay and send it to the cse all in one sum and cse credits the accounts.

So he calls cse and they tell him that they probably credited someone elses account with his support payment and to send in copies of his paycheck stubs for January and March and they will fix the error and any arrears or interest that resulted in the mixup will be taken away.



My question is HOW can this happen? And does this happen often? Cse acted like it was no big deal.

Also, do cse workers make it a point to be mean to people? It seems like everyone my husband talks to with cse other than one man there is always rude. Why is that? Even the IRS was rude to me when I called about filing my injured spouse form. Until I told the lady WHY my husband had arrears and explained it was NOT due to not paying his support. Only then did the lady change her tone to being mean to almost feeling sorry for me. Does anyone else notice things like this?

what do we care ??? we are all just flaming jerks. hating men, hating women. . . how could we EVER find time to answer YOUR question?????

 

[Gracie3787]

I can't find any previous posts on this question I'm going to ask so here it is.

In january my husband received five paychecks, each with support taken out. When I looked at the account summary the cse sends out i noticed that his fifth payment showed 50.00 less than what was taken from his paycheck. But for some reason I just didn't think much of it. So this month I noticed it happened again. He called his employer and they informed him that the company employs two people who pay support to WV state. And that they just combine the amounts they both pay and send it to the cse all in one sum and cse credits the accounts.

So he calls cse and they tell him that they probably credited someone elses account with his support payment and to send in copies of his paycheck stubs for January and March and they will fix the error and any arrears or interest that resulted in the mixup will be taken away.

My question is HOW can this happen? And does this happen often? Cse acted like it was no big deal.

Also, do cse workers make it a point to be mean to people? It seems like everyone my husband talks to with cse other than one man there is always rude. Why is that? Even the IRS was rude to me when I called about filing my injured spouse form. Until I told the lady WHY my husband had arrears and explained it was NOT due to not paying his support. Only then did the lady change her tone to being mean to almost feeling sorry for me. Does anyone else notice things like this?

From what I remember of some of your posts. you tend to be rude to others, that is likely the reason so many are rude to you. Try being nicer and you won't find so much rudeness.

To answer your question though regarding how this can happen, it does happen all the time, but it is easily fixed by producing pay stubs to prove payments.

 

[maryjo]

I can't find any previous posts on this question I'm going to ask so here it is.

In january my husband received five paychecks, each with support taken out. When I looked at the account summary the cse sends out i noticed that his fifth payment showed 50.00 less than what was taken from his paycheck. But for some reason I just didn't think much of it. So this month I noticed it happened again. He called his employer and they informed him that the company employs two people who pay support to WV state. And that they just combine the amounts they both pay and send it to the cse all in one sum and cse credits the accounts.

So he calls cse and they tell him that they probably credited someone elses account with his support payment and to send in copies of his paycheck stubs for January and March and they will fix the error and any arrears or interest that resulted in the mixup will be taken away.

My question is HOW can this happen? And does this happen often? Cse acted like it was no big deal.

Also, do cse workers make it a point to be mean to people? It seems like everyone my husband talks to with cse other than one man there is always rude. Why is that? Even the IRS was rude to me when I called about filing my injured spouse form. Until I told the lady WHY my husband had arrears and explained it was NOT due to not paying his support. Only then did the lady change her tone to being mean to almost feeling sorry for me. Does anyone else notice things like this?

Not that I want to help you, because frankly I think you are a money grubbing shrew...but is it possible that money is going to court fees or something? When I noticed my ex was paying more than what I was getting I called and they told me it was going to court fees and thus making him that much behind every month since it wasnt being credited to me. They told me to tell him to call and get it fixed. I told him, but as far as I know, he never got it fixed. But thats another whole story in itself.

Anyway, its quite possible that the reason people are rude to is that you get what you give. If you come off to the people you talk to in real life like you have come off to the people here, then I can completely understand why people are rude to you. Then again, maybe you just take things too personally.

 

[purelyinsane]

Not that I want to help you, because frankly I think you are a money grubbing shrew...but is it possible that money is going to court fees or something? When I noticed my ex was paying more than what I was getting I called and they told me it was going to court fees and thus making him that much behind every month since it wasnt being credited to me. They told me to tell him to call and get it fixed. I told him, but as far as I know, he never got it fixed. But thats another whole story in itself.

Anyway, its quite possible that the reason people are rude to is that you get what you give. If you come off to the people you talk to in real life like you have come off to the people here, then I can completely understand why people are rude to you. Then again, maybe you just take things too personally.

Yep I'm a money grubber. I mean no one in their right mind would be the least bit interested in filing an injured spouse claim and making sure they recieve the money they are entitled to from the IRS. Just give it all to the state so they can fund more welfare cases. I don't mind lol. And keeping an eye on my husbands child support account to make sure there aren't any mistakes is just stupid. I should stop that too. LOL.

No. There's no court fees for anything. I don't think you read the question right. He isn't paying MORE than he's supposed to. He was paying the exact amount the court ordered him to but CSE is showing he's paid less. We sent the pay stubs in last wednesday and they haven't fixed the account. I'm wondering how slow they will be about this one.

Also, his support amount decreased after we had our son. They knocked about two hundred dollars off of the original support amount for a credit for our child. We are thinking of having another child. Would they decrease support for a second or third child since they did for our first child?