A Texas family court dictates the amount of financial support a noncustodial parent is obligated to pay. Modifications to child support agreements can be made, but only through legal means. Changes that are made without the authorization of the court can lead to missed payments, interest accrual and possible jail time. But what happens when a parent is continually garnished for payments after the child has become emancipated?
A man in another state realized that child support payments were still being taken out of his paycheck, despite the fact that his child had recently turned 18. He contacted the agency responsible for the garnishments and was told that the payments would be returned to his employer and, subsequently, to him. That never happened.
Repeated phone calls to the agency seemed to end with an automated service and no return phone calls. Fed up, the man contacted a local news station. Reporters began to investigate on his behalf, and soon learned that the state owed the unsuspecting father more than the $290 he thought he had overpaid. The state owed the man over $1,500 due to what the government claimed was a human error. The state also suggested that the only reason it was able to issue the refund is because the custodial parent had not received the payment.
Child support is a means for a noncustodial parent to financially support his or her child until the child reaches the age of 18 or the parent fulfills any other stipulations in the child support order. Human error and oversight can happen, and overpayments could be made. Recouping the costs of those overpayments can prove to be frustrating. Should the payments have been released to the custodial parent, the issue then becomes a civil case. With the aid of a Texas attorney, those who have made overpayments in child support may be able to reclaim the money, and a lawyer can help vigorous pursue the issue.
Source: wpri.com, “After months of over-payments, man receives refund check from state”, Susan Campbell, Feb. 6, 2018