Company over paid CSE so stopped sending current support payments

[sbeeman]

What is the name of your state (only U.S. law)? Illinois. My husband pays child support on children from a previous marriage. It's deducted from his check and he's paid every two weeks. We've had no problems in all these years, and the child support has never been in arrears. His ex called this morning, and informed she did not get her child support, and when she called child support disbursement they informed her they did not get payment from the employer. However, it has been deducted from my husbands check. Upon further investigation, my husbands company (a large one) tells him they have been overpaying the state by sending the monthly amount every pay period (every two weeks). They said they will continue to garnish the regular amount so he doesn't fall into arrears, but will not start sending the money to CSE again until September 09....meanwhile, his children are not receiving any child support, even though we are paying it, because his company is keeping the money instead of forwarding it to CSE. We thought maybe the overage was disbursed to her and that's why she didn't receive the current support, but she says she's only gotten her ordinary amount. Can his company just STOP sending the money withheld from his check because they caught their own clerical error? Shouldn't they be required to continue sending the current support payment and contact CSE regarding their overpayments? Any help on which way to go to straighten this out would be appreciated. He's continuing to pay child support through payroll deduction, and his children are suddenly not receiving it. We have no idea where any over payments would have gone.What is the name of your state (only U.S. law)?

 

[Gracie3787]

What is the name of your state (only U.S. law)? Illinois. My husband pays child support on children from a previous marriage. It's deducted from his check and he's paid every two weeks. We've had no problems in all these years, and the child support has never been in arrears. His ex called this morning, and informed she did not get her child support, and when she called child support disbursement they informed her they did not get payment from the employer. However, it has been deducted from my husbands check. Upon further investigation, my husbands company (a large one) tells him they have been overpaying the state by sending the monthly amount every pay period (every two weeks). They said they will continue to garnish the regular amount so he doesn't fall into arrears, but will not start sending the money to CSE again until September 09....meanwhile, his children are not receiving any child support, even though we are paying it, because his company is keeping the money instead of forwarding it to CSE. We thought maybe the overage was disbursed to her and that's why she didn't receive the current support, but she says she's only gotten her ordinary amount. Can his company just STOP sending the money withheld from his check because they caught their own clerical error? Shouldn't they be required to continue sending the current support payment and contact CSE regarding their overpayments? Any help on which way to go to straighten this out would be appreciated. He's continuing to pay child support through payroll deduction, and his children are suddenly not receiving it. We have no idea where any over payments would have gone.What is the name of your state (only U.S. law)?

No, they can't.
Your husband needs to speak to his CSE caseworker ASAP. There are laws governing this and the caseworker will send a strongly worded letter to the employer to have the problem fixed.

 

[StampGirl]

Can I just comment on how NICE it was to see a post by a step-mom who is concerned with her step-children RECEIVING their child support?? Who isn't complaining that they overpaid and she takes too much money etc? I applaud your behavior!

Attn all 3rd Party/Legal Strangers: Pay attention to her wording etc. THIS is the way to approach getting help for your significant other in regards to custody and child support issues.


Make a well placed phone call to the child support office and have them contact your hubby's employer.