I filed the request months ago to stop my military wage garnishments and was told they would stop. I later found out the person helping me at the child support division failed to file the necessary paperwork resulting in the overpayments.
How can I get this child support situation rectified and receive credit for the overpayments already made because of the child support office’s error?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana child support laws where I am licensed to practice.
Assuming that the paperwork you filed to stop the garnishments out of your military paychecks was the correct paperwork and it was just not properly implemented, I would follow up with the child support division of the clerk’s office and request a copy of the file marked paperwork stopping the garnishments of your military pay.
If there is no file marked copy, request other written confirmation that the military garnishments have stopped. Also, a certified child support account payment history from the clerk’s office would be helpful in showing the overpayments on the account.
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After receiving written confirmation from the child support division that the garnishments have stopped and the certified child support account payment history, you should send a written letter to your state’s child support collections unit with a copy of the documents from the child support division informing them that the garnishments should have stopped and any future garnishments above the amount specified withheld from your income is in error since you are current on your payments and any further garnishments from your military pay in an amount above your regularly ordered child support should be returned to you rather than forwarded to the recipient of the child support.
You may also submit a request to the court that the overpayments of child support be applied to the future child support you owe and your payments should be reduced by the amount of the overpayments.
If you and your ex-wife are on good terms, you may also attempt to reach an agreement with her that could be filed with the court stipulating that the overpayments should be applied to future child support owed.
Since your situation is very fact sensitive, it would be helpful to have a mens divorce attorney review the income withholding order and garnishment documents and further advise you on this matter.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.