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Child Support Agency Mistake Remedies?


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#1 miribird6

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Posted 14 February 2013 - 06:06 PM

My boyfriend pays child support and also carries health insurance coverage per his court order. Upon reviewing the order we've noticed 50% of the insurance premiums are to be deducted from his monthly support. We emailed the caseworker and she said she'd apply an adjustment of $87 per month, and that's great, however, he's had this coverage for six months. This works out to over $500 in overpayment. Is there a remedy for this? Can he ask for a credit? We live in South Dakota.

#2 Ted_from_Texas

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Posted 14 February 2013 - 08:15 PM

He can ask for anything he wants. However, support payments made in excess of the amount ordered in the parenting plan are generally treated as voluntary gifts and not subject to reimbursement. Your boyfriend presumably knew (and certainly should have known) what was in the support order when it was issued, so it seems ingenuous now to claim he only just found out. Consult local counsel.

#3 Guest_FindLaw_Amir_*

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Posted 15 February 2013 - 10:50 AM

Have you contacted the caseworker to determine if any type of remedy is available for such an overpayment?

#4 miribird6

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Posted 15 February 2013 - 09:16 PM

Thanks for the responses. Amazingly, the worker retroactively applied the adjustment without him requesting it!




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