My husband has been paying child support, faithfully and on time, for 6 years for the son he adopted when married to his 2nd ex wife. Recently, she filed a modification for support because his youngest daughter from his first marriage turned 18 and support stopped for her. We knew it would happen and really didn't have a problem with it. It was legal and appropriate for her to do this. We would have preferred to have been able to continue to pay this directly to the Clerk as has been done most of the time over the last 6 years but a wage garnishment went in instead. So be it. Less record keeping on our part.
The modification went fairly fine, the new support amount was set and it is being paid, faithfully and on time. She tried to throw a few issues in there that did not belong but all in all, it went well.
Problem? While going thru the modification process, I started digging into the payments paid over the last 6 years.
As there has never been any arrearage at any point (for either this situation or the one with his first ex wife) it was pretty cut and dried. $432.00 every two weeks for the last six years. This means, to me anyway, that he should have made a total of 26 payments per year at $432.00 each time = $11,232.00 per year for 6 years = $67,392.00 total for the last six years.
So, I then added up all the payments that have actually been made and they total $77,760.00, an overpayment of $10,368.00. How this happened I can't determine or, really fathom. Had it been me all this time, I would have kept close track of things. I didn't not marry him until a year and a half ago....
75% of the payments were made directly by my husband to the Clerk, the other 25% made from a wage garnishment when this first all began. He has all his receipts which I totaled up and all of his paystubs which I totaled up.
From what I can tell, the problem of overpayment lies in the paystub deductions. It looks like the garnishment amount was wrong while it was in effect and should have been less than what was taken out. My husband never looked into it or kept track of it very well and never realized that it was overpaid until I started looking into things. He just would check his paystub every two weeks to make sure it was taken out, never really checkig the amount. I know, silly and wrong not to pay closer attention.
We had this information at the modification hearing but felt it was better to get the modification done and settled so there would no chance of arrearage or ANY other problems setting in.
Now, we would like to address the issue of the overpayment. Is there any hope? State of jurisdiction is Illinois, we live in Michigan.
Thank you for any assistance.
The modification went fairly fine, the new support amount was set and it is being paid, faithfully and on time. She tried to throw a few issues in there that did not belong but all in all, it went well.
Problem? While going thru the modification process, I started digging into the payments paid over the last 6 years.
As there has never been any arrearage at any point (for either this situation or the one with his first ex wife) it was pretty cut and dried. $432.00 every two weeks for the last six years. This means, to me anyway, that he should have made a total of 26 payments per year at $432.00 each time = $11,232.00 per year for 6 years = $67,392.00 total for the last six years.
So, I then added up all the payments that have actually been made and they total $77,760.00, an overpayment of $10,368.00. How this happened I can't determine or, really fathom. Had it been me all this time, I would have kept close track of things. I didn't not marry him until a year and a half ago....
75% of the payments were made directly by my husband to the Clerk, the other 25% made from a wage garnishment when this first all began. He has all his receipts which I totaled up and all of his paystubs which I totaled up.
From what I can tell, the problem of overpayment lies in the paystub deductions. It looks like the garnishment amount was wrong while it was in effect and should have been less than what was taken out. My husband never looked into it or kept track of it very well and never realized that it was overpaid until I started looking into things. He just would check his paystub every two weeks to make sure it was taken out, never really checkig the amount. I know, silly and wrong not to pay closer attention.
We had this information at the modification hearing but felt it was better to get the modification done and settled so there would no chance of arrearage or ANY other problems setting in.
Now, we would like to address the issue of the overpayment. Is there any hope? State of jurisdiction is Illinois, we live in Michigan.
Thank you for any assistance.