Is my husband required to pay back state?

[kjbwwu]

What is the name of your state? MO

The mother of my husband's daughter filed in two different counties in our state for support. Now the state is taking money from him to pay for what they sent her. She was receiving money from the state in two counties at the same time. Is that legal? Why does he have to pay back money the state lost because of their mistake? They say it is back child support, but both counties are taking money from his paychecks. It seems like neither county realizes the other exists because they are taking more than the maximum allowed from his checks. What can we do about this?

 

[nextwife]

This crap really ticks me off. CS fraud is so rarely prosecuted.

 

[kjbwwu]

Every time he has tried to talk to someone at any DCFS office, they tell him it's not their problem and they don't care. One woman told him that she didn't care if he lost his car, his house and his job, everything, it wasn't her problem. These people are making me sick. If wish we could afford a lawyer, but I don't think we can even afford to talk to one. We both work two jobs and can barely pay our bills on all our combined income. If they would quit taking the extra money it would help a lot.
There was a period of time when he wasn't paying because he was between jobs, but that wasn't any more than a couple of months. Even so, he was working at the time when she filed again.

 

[LdiJ]

Every time he has tried to talk to someone at any DCFS office, they tell him it's not their problem and they don't care. One woman told him that she didn't care if he lost his car, his house and his job, everything, it wasn't her problem. These people are making me sick. If wish we could afford a lawyer, but I don't think we can even afford to talk to one. We both work two jobs and can barely pay our bills on all our combined income. If they would quit taking the extra money it would help a lot.
There was a period of time when he wasn't paying because he was between jobs, but that wasn't any more than a couple of months. Even so, he was working at the time when she filed again.

You are probably going to have to get an attorney to help you straighten it out. At a minimum you want to make sure that the extra money that is being taken is credited towards any arrearages that he owes. Plus you need to get it straightened out on an ongoing basis.

 

[Dixiechick91910]

When the mother of the child filed in two seperate counties, didn't he go to court for both? I think he needs to go back to court in either county and let them know she is collecting support from both. Also get both orders from your employer to show the judge. She is being overpaid and legally has to pay that back.

 

[Smarty Panties]

What is the name of your state? MO

The mother of my husband's daughter filed in two different counties in our state for support. Now the state is taking money from him to pay for what they sent her. She was receiving money from the state in two counties at the same time. Is that legal? Why does he have to pay back money the state lost because of their mistake? They say it is back child support, but both counties are taking money from his paychecks. It seems like neither county realizes the other exists because they are taking more than the maximum allowed from his checks. What can we do about this?

No it's not legal, it's fraud. but as pointed out by nextwife, they (CSE) usually don't care. All they care about is collecting the money that the computer in front of them says he owes. He does have the option of taking her to civil court to make her pay back the money to him.

He could try contacting the prosecuting attorney in both counties and see what happens.

 

[kjbwwu]

Thank you for all of your suggestions. Hopefully we will be able to straighten this out soon.

 

[no$$4us]

filed for support in 2 counties

I totally believe that CS will do nothing. I am the CP and believe me, CS is as rude to me as they are to you. They want less cases and a lot of free time.
I wish the system was run through SS# and then they would all lose their sweet jobs and have to find their own support.
I think your ex should be prosecuted for willfully taking the money and not stopping the abuse. Her day in court will come and you will want to bring a camera. I would send a copy of the photo to CS in one of their proudest moments.
They do have the responsibility to check on the case information.
They do have to respond if you show them that this is happening.
She can be in trouble for fraud and will end up in debt to the state.

 

[audster]

ok, this sounds real familiar (with me it was 2 states not 2 counties, but same effect). I finally went to my local congressman with all my paperwork. I called his chief of staff and politely asked for an appointment when the distinguished gentleman would be in his home office. I showed him the Court Order, I proved where the child lived through school records and DCFS reports, I showed him years worth of pay stubs and the double garnishments. When he suggested i get a lawyer, i politely asked what the point would be when both states were suggesting the othe should drop it and made a simple offhand comment on what the backlash would be if the media were to get ahold of this. He called IDPA for me, and (shock) they were rude to him too! That is, until they found out who he was! It was straightened out in days. There is a downside though....I think CSE shifts it's personel around alot to other PA depts. and the same problem has popped up again. You might seriously try talking to a State Rep or Senator though....you elected them, they work for you. Good luck, god bless and vote republican!