Question:
I have always paid my child support and have documentation supporting this, but the child support enforcement agency is claiming I have not paid in several months.
They are threatening to suspend my driver’s and professional license in addition to garnishing my bank account, but this is because of their error!
How can I prove I paid my child support and convince the child support enforcement agency that this is their mistake and I should not be punished?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Ohio child support laws where I am licensed to practice.
It is helpful that you have records to show that you have always paid the court-ordered child support. You should not be punished when you have done what the court asked you to do and are taking care of your child support obligation.
Unfortunately, sometimes there are still errors in the system or procedures that are unfair to divorced dads and it looks like you are suffering the consequences of that right now. There are a number of possibilities that could relate to your specific situation and the only way to get a complete and accurate answer is to speak directly to a divorce lawyer.
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Where I practice, some counties will immediately garnish a bank account if the obligor, or person ordered to pay, is even a little late on getting their support obligation paid.
You may have paid the support obligation late but the agency had already processed the garnishment on your bank account, causing you to pay twice in the same month. If this is your county’s procedure, you would have to speak to the Child Support Enforcement Agency about trying to get reimbursed if you have overpaid.
Other counties are simply so large that clerical mistakes and errors happen frequently. Most counties provide each obligor with a caseworker. The caseworker would likely be the best person to try to correct any error or overpayment, but it is important to remember that it likely is not the caseworker’s fault that this situation occurred, so always be calm and polite.
Also, there are procedures to stay, or hold off, your license suspensions while you appeal the decisions. Again, this is a situation where it is best to have an attorney represent your interests so that you do not lose your professional or driver’s license, which this may cause you to lose your job and your ability to pay child support in the future.
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.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Cincinnati Divorce Lawyer Angela M. Penick, contact Cordell & Cordell.
