Overpayment of Child support

This is a discussion on Overpayment of Child support within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I am 65 with children 12 and 16. They have been receiving derivative benefits since December 2007 as well as ...

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Old Jul 8th, 2009, 05:53 PM   #1
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Default Overpayment of Child support

I am 65 with children 12 and 16. They have been receiving derivative benefits since December 2007 as well as garnishment of my social security benefits since September of 2008. By the time I had started receiving Social Security Retirement benefits, past due child support had reached $8,000.00, but the derivative benefits were applicable to the past due so that as July 3, 2009, the mother of the two children had received $29,345.00 in child support. The ordered child support is $425.00 per month for BOTH children together and $80.00 to pay the arrears. Therefore, from December2007 to the present day in July 2009, the child support should have been $8,500. Three questions:

1. Can I register the child support order originating in Pennsylvania(which surrendered all interest in the case since neither party lives in Pennsylvania) in Delaware where the mother resides with the two children or in Florida where I reside? Currerntly, Florida has the power of enforcement but not of modification because the order is not registered in Florida or in Delaware.

2. Can I register the oreder in BOTH states so that I can submit a motion for modification in whichever state admits jurisdiction?

3. Is there recourse for recovering the $4545.00 in deducted garnished monies from my social security benefits since they should never have been garnished had the state of Florida known that the children were receiving derivative benefits which offset dollar for dollar any child support amounts ordered?
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Old Jul 9th, 2009, 11:54 AM   #2
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Default Re: Overpayment of Child support

Normally you deal with the state where the kids live if they have lived there 6 months or more. But you may have to ask the original court to allow the case to move to a new state, which they will normally do.
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Old Jul 10th, 2009, 02:57 AM   #3
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Default Re: Overpayment of Child support

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I am 65 with children 12 and 16.
Are you joking or are you being serious?
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Old Jul 10th, 2009, 07:22 AM   #4
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Default Re: Overpayment of Child support

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Originally Posted by Unregistered View Post
Are you joking or are you being serious?
Ah! I think I've got it! You're a child! You really should find something better to do with your time. The reason I'm 99% sure youre a child is, adults KNOW that men can impregnate a woman in their last years (which this man wasn't close to when it happened). An 80 yr old man can become a father with a much younger women.

Don't come back and say you're a 30yr old because I won't believe you - people can pretend to be whatever they want.

Heck...I'm 23
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Old Jul 10th, 2009, 02:04 PM   #5
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Default Re: Overpayment of Child support

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Ah! I think I've got it! You're a child! You really should find something better to do with your time. The reason I'm 99% sure youre a child is, adults KNOW that men can impregnate a woman in their last years (which this man wasn't close to when it happened). An 80 yr old man can become a father with a much younger women.

Don't come back and say you're a 30yr old because I won't believe you - people can pretend to be whatever they want.

Heck...I'm 23
I don't think any adult or child over 15 doubts the age a man can reproduce. Most men do stop though. I think it would be weird for my 90 year old great grandpa to have a young child too, even though any grown adult knows it is possible. DERRR.

I think I've got it! You are obese! No one with a "normal" BMI would have time to post as many times as you have. Please don't come back a LIE and say you are not. I'd bet money you are leaning on the "big" side.

Doesn't feel good for "grown ups" to be childish, does it? SO WHY DON'T YOU GROW UP and if that other comment was annoying or rude to you, you should have been an "adult" yourself and moved on. But of course, being as mature as you think you are, you just couldn't. You just HAD to get you punch in.
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Old Jul 10th, 2009, 04:28 PM   #6
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Default Re: Overpayment of Child support

This father would have been 49 when the older child was born. Not unusual.

Yes, your 90 year old grandpa COULD have a baby - IF he was with a young enough women. 90 and 49 are wildly different.

You are a very mean spirited bitter child. I wish you peace.
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