However, I was never notified by my state when this overpayment began and they let it go on for a significant amount of time. There is no accountability and the only suggestion they have given me to be reimbursed for this overpayment of child support is to sue my ex.
Are there any other options available?
I do not practice in the state you are writing from – Nebraska – and therefore I cannot inform you as to the specific laws in Nebraska. I would consult with an attorney licensed in your state to see if your state’s child support agency has specific bylaws regarding recovery of overpayments. I would do so very quickly, in case your state has deadlines by which you must request a formal review of your account after being notified of the overpayment.
Most states have very specific procedures for recovering overpayments. If the agency should have been aware of the overpayment, then it is usually the obligation of the child support agency itself to attempt to recover overpaid funds from the overpaid party. It is unlikely, however, that an overpaying party would ever get a civil money judgment against the state agency itself.
In Texas, where I practice, the agency will usually set up a repayment plan with the party who received the overpayment, and the person who overpaid would receive whatever that party repaid monthly.
However, if the Texas agency had no way of knowing the obligor was overpaying, such as not being notified that the obligation to the minor child ended early because the child died, got married, dropped out of school, etc., then they are not responsible for attempting to recover funds, as they had a good faith basis for continuing to distribute them. In that situation, it is the responsibility of the paying party to recoup the funds from the overpaid party.
Cordell & Cordell has men’s divorce lawyers located nationwide, including Nebraska, should you seek additional legal advice or representation.
Rachel A. Brucks is a Staff Attorney in the Fort Worth, Texas office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Brucks is licensed in the state of Texas. Ms. Brucks received her Bachelors degrees in English and Political Science from the University of Texas at Arlington. She received her Masters in Literature and Gender Studies from Texas State University, San Marcos; and received her Juris Doctor from Southern Methodists University, Dallas.