Can I sue the Child Support Agency?

This is a discussion on Can I sue the Child Support Agency? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I have a son who is 11 now and have not had contact with him for 10 years but have ...

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Old Dec 16th, 2010, 01:49 PM   #1
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Default Can I sue the Child Support Agency?

I have a son who is 11 now and have not had contact with him for 10 years but have continually paid child support. About 1 1/2 years ago, his mother filed a step parent adoption which I consented to. The adoption was finalized and but, for the last 2 years, Child support has taken my tax return. I faxed them the final adption order several time, but they refuse to look at it. It is nearly impossible to contact a live person at their office and as of today I have overpaid about $8000. I have proof and documentation to show all of this. $5000 of the overpayment was my 2008 tax return which they have already distributed to her and I was told that if I wanted it back, I would have to take her to small claims court. She lives in another state but I have no address, and because of the adoption, have no right to get it. The original order is here in the county I live in, in Ohio..but 10 years ago, the mother lived in Illinois, so the payments were sent from Ohio to Illinois, then distributed to her. She now lives in South Carolina. The county agency where I live has all the records and closed the case. However, Illinois still has my tax returns flagged and intercepts them. The local agency has tried to resolve this with Illinois, but to no evail... It's going to be time to file taxes again and I'm affraid that they will just take it again and keep sending it to her. then it is my responsiblity to try to get it back. I have been trying to straighten this out for over a year and don't know how they can just keep taking money they are not entitled to, when I have clear proof that they choose to ignore. Please let me know if there is any action I can take against the agency.
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Old Dec 16th, 2010, 02:30 PM   #2
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Default Re: Can I sue the Child Support Agency?

Short answer: no.
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Old Dec 16th, 2010, 07:50 PM   #3
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Default Re: Can I sue the Child Support Agency?

YES you can get it back. Get a lawyer and have her served to repay you for your losses. Women like that are what the child support system thrive on, so it will be a hard battle, but one worth winning in the end. Why should you suffer for her stupidity??
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Old Dec 16th, 2010, 07:55 PM   #4
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Default Re: Can I sue the Child Support Agency?

Quote:
Originally Posted by Unregistered View Post
YES you can get it back. Get a lawyer and have her served to repay you for your losses. Women like that are what the child support system thrive on, so it will be a hard battle, but one worth winning in the end. Why should you suffer for her stupidity??


Read the ACTUAL question.

The poster is wanting to sue the child support agency.

So the answer is "NO".
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Old Dec 16th, 2010, 08:27 PM   #5
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Default Re: Can I sue the Child Support Agency?

Yes you can file a claim against the agency. Once they are proven to be in the wrong, they have to by law issue you a refund if you have in fact overpaid.
How do I know? I overpaid three years in a row with tax returns, etc. I received a check from the child support agency for what I had overpaid.
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Old Dec 16th, 2010, 09:36 PM   #6
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Default Re: Can I sue the Child Support Agency?

Quote:
Originally Posted by Unregistered View Post
Yes you can file a claim against the agency. Once they are proven to be in the wrong, they have to by law issue you a refund if you have in fact overpaid.

Please provide the statute which allows this for the OP's state.

Thanks

Quote:
How do I know? I overpaid three years in a row with tax returns, etc. I received a check from the child support agency for what I had overpaid.

Please explain further.

Thanks
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Old Dec 16th, 2010, 09:54 PM   #7
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Default Re: Can I sue the Child Support Agency?

I had overpaid. When they took my last tax return,again,I wrote a letter and photocopied all of my receipts from the last three years where I had paid. Three months later, I received a check from the child support office for the overpayment they had received on my account.
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Old Dec 16th, 2010, 11:17 PM   #8
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Default Re: Can I sue the Child Support Agency?

[QUOTE=Unregistered;197864]I had overpaid. When they took my last tax return,again,I wrote a letter and photocopied all of my receipts from the last three years where I had paid. Three months later, I received a check from the child support office for the overpayment they had received on my account.[/QUOT]


You still haven't provided the law that you said compels CSE to return overpaid funds. The ONLY way that's going to happen without a court case - and that's sure as hell not happening within 3 months - is if you actually owed the State and not the custodial parent and the State then repaid the funds, OR if the custodial parent had willingly returned the overpaid funds.
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Old Dec 16th, 2010, 11:31 PM   #9
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Default Re: Can I sue the Child Support Agency?

Quote:
Originally Posted by Unregistered View Post
You still haven't provided the law that you said compels CSE to return overpaid funds. The ONLY way that's going to happen without a court case - and that's sure as hell not happening within 3 months - is if you actually owed the State and not the custodial parent and the State then repaid the funds, OR if the custodial parent had willingly returned the overpaid funds.
Ok smart ass,where is your law book? I don't see anything backing up your information on here either.
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Old Dec 17th, 2010, 12:50 AM   #10
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Default Re: Can I sue the Child Support Agency?

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Ok smart ass,where is your law book? I don't see anything backing up your information on here either.


Sugarpie, perhaps you want to reread?

This is what was claimed:

Quote:
Once they are proven to be in the wrong, they have to by law issue you a refund if you have in fact overpaid.
That poster was very simply asked - and oh gawsh, would that be you? - to provide backup for that statement. Guess we're all still waiting, huh?
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