Legal Question in Family Law in Florida

child support overage / credit payment Policy?

After recieving payment of 441.00 by employer DOR CSE took 100% of Child Support payment & dispersed it back to the NCP 1 week after recieving it. There is a credit or overpayment which has accumulated over a period of time by mistakes on DOR's behalf and I have asked about how it gets resolved and was given lip service or was told that NCP will get it back at the end. However after payment was dispersed to NCP I found out by DOR that NCP went into DOR CSE office demanding credit/overage money on 2/19. I was not contacted by mail or phone nor was it explained to me the policy nor was I given an option to set up an overpayment plan. DOR plans on giving 2ND payment for this month to NCP as well leaving a payment to me of 24.37 for the entire month of march.

MY QUESTIONS ARE,

does FL DOR Child support Enforcement have the legal right to do this ?

I found this 45 CFR 303.100(a)(8)

Then look at this the Rule

FAC 12E-1.022 Now after reading this it doesnt appear they followed procedure ? Am I correct or is there another law or statue that I missed ??? I need advice ASAP the 2nd payment will be dispersed around the 15th

Thank you very much for your help


Asked on 3/07/09, 7:53 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: child support overage / credit payment Policy?

DOR has the right to return what they perceive to be overpayment. The best advice I can give is to tell you not to depend on DOR for child support collections. Don't depend on the government for money you need. Use a private lawyer instead.

Read more
Answered on 3/08/09, 2:00 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida