Legal Question in Family Law in Maryland

Refund of Child Support

My question is a very complicated and have yet to find an answer on any website or even hear of it. The child was born Dec 1 06 I did not signed a birth certificate or I am named on it it is blank her mother went for state cash assistance and filled for child support under the impression I was the father i did not protest the order and signed a paper (not a affadavid of parentage) stating i didnt protest(not sure what the actual name of the paper is) it was then brought to my attention that this child may not be mine so the mother was first filed papers in Dec. '07 to dismiss the order which was denied due to the state assistance then we were told i would have to be disqualified by paternity so now after many months i was found not to be the father in October '08 because of a random tax audit litterally days before going back infront of the judge to close the case and 2 weeks after paternity results were in my state & federal taxes were all witheld for back support now cleared by testing the judge when asked about returning the taxs told me he could not give me legal advice to consult a lawyer. So can you please tell me if and how i can get it back being it was all retained by the state because of the welfarenot the mother


Asked on 3/05/09, 1:03 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Refund of Child Support

Contact the Office of Child Support Enforcement to find out if they have an administrative procedure that allows you to petition for a refund of the amount withheld from your tax refund or garnished from your paycheck if applicable. If they don't have such a procedure, you will have to file a court petition for a refund against OCSE.

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Answered on 3/05/09, 3:53 pm


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