too much support/medical reimbursement

[notstupid]

What is the name of your state? TX

My boyfriend recently went to court and got his support set and was told to reimburse his ex a certain amount additional each month for the insurance the mother has on his child. He has been current on his support the whole time, which was verified in court, but since he has started having his wages garnished from his check, they are taking out WAY too much. His lawyer said that he was going to take care of it and that they had accidently thought it was for 2 kids not 1. So far they still keep taking out the wrong amount and sending it to mom. How will they fix this mistake? And why is it taking so long? Also, his ex told the court that it was $100 a month to add her child on to her insurance, so that is what the court told him to pay to additional to cp. He was never shown that was what it cost to add his child on, and he has never seen one of her paystubs to prove so. In fact no one did. She just said that was what it was and that was it. Now we have learned that it is actually only half of what she said it was so his lawyer told him that he was way over paid in medical reimbursement and not to pay until he was told to resume it. The order was made in August and she had just given him a list of what the child was getting as far as coverage last month. It didnt addup either and she had all this other AFLAC stuff circled saying the child was going to be getting that as well starting the 1st of this year. So she can just add all the crap she wants to on there and he is expected to pay for that as well? The charges on there would have been for adult getting AFLAC as well, not just the child. She just wants to say its for the child so he will be paying is what is sounds like to me. The child also has secondary insurance through medicaid so i just dont see how he needs to pay anymore that just what basic insurance costs. The kid is covered, WELL covered the way it is now. Is she going to get in trouble for lying?

 

[ceara19]

Go back to court and have the judges issue an order for her to provide proof from the INSURANCE company as to the actual cost of covering the child only. As far as the overpayment, he won't get it back, but he will be "paid up" on the insurance reimbursement for a while.

 

[notstupid]

so on cs overpayment, its just basically gone? If they get it fixed by his next paycheck then he will be $120 overpaid. He pays $170 a month, so if he is overpaid by $120 then it would make more sense for them to just only take out $50 on next check to make it even. Technically he has already paid his ex for the rest since she already got it. She will most likely already have spent the overpaid money so no, he wouldnt be able to get it back, but he needs to atleast be compensated for what was overpaid and what an eaiser way to do it than from the AG before it even goes to her?

 

[NotSoNew]

so on cs overpayment, its just basically gone? If they get it fixed by his next paycheck then he will be $120 overpaid. He pays $170 a month, so if he is overpaid by $120 then it would make more sense for them to just only take out $50 on next check to make it even. Technically he has already paid his ex for the rest since she already got it. She will most likely already have spent the overpaid money so no, he wouldnt be able to get it back, but he needs to atleast be compensated for what was overpaid and what an eaiser way to do it than from the AG before it even goes to her?

if the overpayment is actually that they took a larger amount of out his check that what his order is for, he needs to contact the child support agency that payment goes through and they can put his payments on hold till he is caught up.

 

[ceara19]

if the overpayment is actually that they took a larger amount of out his check that what his order is for, he needs to contact the child support agency that payment goes through and they can put his payments on hold till he is caught up.

If the payments go through the AG's office, they will not suspend the payments. They can apply the amount towards a medical support order involving the same child or they will hold it until after the original court order has been satisfied (usually when the child turns 18) and then refund the money to him (WITHOUT interest).

 

[notstupid]

As far as AG applying the overpayment twards a medical order goes...what can they do when the medical order is separate from the cs order. The cs payment goes through the AG office, but the medical is paid to the mother directly by my ex. His wages are automatically garnished from his check for the cs, but not medical. That was how the order stated is should be. Since he is already overpaid on the medical as well, and he is caught up for a few months so to speak, could his lawyer draw up a paper stating that the current overpayment of cs which the mother already received a check for goes to pool of medical overpayment as well? and just do it like that. Because i dont see how when the child turns 18 he is going to get any kind of refund because the mother has already recieved all checks with overpayment and spent them. So how can AG give back money that they dont have?

 

[ceara19]

The AG will continue to garnish CS from your BF. Once they have everything straightened out and figure out the overpayment, mom will be sent a notice of the amount. She has 30 days to repay the money. If she doesn't, the AG will withhold the CS garnished from your BF. She will not receive a CS check until the AG's got the money back. If the medical order isn't going through their office there isn't much your BF can do except wait until the child turns 18.

 

[notstupid]

update

Well his lawyer sent him a letter in the mail. Basically a copy of what he sent to his ex's lawyer about how he is over paid in cs as well as medical and that the problem needs to be fixed. The letter didnt say how he proposes to do that though. How does that work necessarly? His lawyer is basically leaving it up to hers to fix the problem which he has known about for awhile now, but it still hasnt been fixed. If things are like I have read so far and she wouldnt get a cs check until the money is paid back to AG, then they could take their sweet time letting the AG know that dad is over paid and fixing the problem. Can he trust her lawyer to fix the problem promptly or should he just call AG himself and find out whats going on? I am sure the AG will want something from her laywer saying he has been paid up so is there a reasonable amount of time he should have this done by? sorry for all the questions me and bf keep thinking of new ones, trying to cover all the bases. Thanks for all the help

 

[ceara19]

Well his lawyer sent him a letter in the mail. Basically a copy of what he sent to his ex's lawyer about how he is over paid in cs as well as medical and that the problem needs to be fixed. The letter didnt say how he proposes to do that though. How does that work necessarly? His lawyer is basically leaving it up to hers to fix the problem which he has known about for awhile now, but it still hasnt been fixed. If things are like I have read so far and she wouldnt get a cs check until the money is paid back to AG, then they could take their sweet time letting the AG know that dad is over paid and fixing the problem. Can he trust her lawyer to fix the problem promptly or should he just call AG himself and find out whats going on? I am sure the AG will want something from her laywer saying he has been paid up so is there a reasonable amount of time he should have this done by? sorry for all the questions me and bf keep thinking of new ones, trying to cover all the bases. Thanks for all the help

Call the AG's office. Since they are the collecting agency for the CS, they are the only ones that can actually make an adjustment to the record. Once they verify the overpayment, They'll withhold CS until she's paid all of it back. In most cases, he won't automaticall get it back. They usually hang on to it until the child is 18. It could help if he changes job or becomes unemployed, the'll apply the over payment to the current CS.

 

[betterthanher]

OP, while others are suggesting contacting either the AG's office or the CS enforcement office, I'd like to question something.

Before the garnishment took effect, did your boyfriend recieve any paperwork that would show how much the garnishment would be for?

Reason(s) I ask that is because if there was any documentation sent PRIOR to any garnishment commencing, then might have been the time to address any mistakes. IF so, there might not be much that can be done. Just tossing that out there.

 

[LdiJ]

OP, while others are suggesting contacting either the AG's office or the CS enforcement office, I'd like to question something.

Before the garnishment took effect, did your boyfriend recieve any paperwork that would show how much the garnishment would be for?

Reason(s) I ask that is because if there was any documentation sent PRIOR to any garnishment commencing, then might have been the time to address any mistakes. IF so, there might not be much that can be done. Just tossing that out there.

Also, you haven't mentioned how much the insurance is, but its also possible that the insurance got added to the garnishment...and that might explain why its higher.

 

[notstupid]

He received in the temporary orders how much he was to pay in CS and by the orders had his paperwork sent through his employment to the AG's office for garnishment. It was discovered that the AG's office by some mistake thought the CS was for 2 children not 1 and so the miscalculation. However his lawyer told him that it was up to her lawyer to notify the AG of this mistake. So he is left in the dark unless he can contact the AG office himself and find out what they do or dont know. I am sure for the 3rd time next monday, they will still be taking $40 more than they should or more per month. The medical was as per the court orders to be separate from the child support and has so been the case with no problems until . I know some people may say that $40 more per month isnt much considering he is only ordered to pay $170 a month, but they have modified joint custody where he gets the child a whole lot more than any standard order, so that amount is more than fair to the mother based on her own income. Over the course of a month that would be $160 more than is ordered and over a year $1920. So the sooner he can get this taken care of the better. That $160 could go twards clothes, medical, education, savings for the child...

 

[ceara19]

Have him call the AG's office first thing in the morning and tell them about the situation. I don't know why his lawyer would say it's up to mom's attorney to call them. He is free to call the AG anytime he wants for any reason. Be forewarned though, the AG has a habit of giving people the runaround, be persistent.