LexieBelle
Carpal \'Tunnel
Reged: 11/07/10
Posts: 3680
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I believe NY would be the same.. any overpayment would be considered a "gift". In fact, any payment not specifically LABELED "child support" *could* be considered a gift. I seem to recall this from ex's first divorce, once it was finally done and when I wrote checks I made SURE each check was labeled.
Ex has never learned from that practice and continues to almost never label his checks {shakes head}.
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ssmom79
Carpal \'Tunnel
Reged: 06/27/07
Posts: 7784
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In FL, the receiving parent gets a notice of overpayment and options to repay the overpayment and if no response is provided it is deducted from future support payments.
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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"In FL, the receiving parent gets a notice of overpayment and options to repay the overpayment and if no response is provided it is deducted from future support payments."
As it should be with any debt that is overpaid.
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highwood1
recently joined
Reged: 05/18/11
Posts: 7
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Thanks TAG/ 1931H
Dedicated dad, only you will know what that means!!! :smirk:
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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What makes your case hard to relate to, is from what you've posted elsewhere, your CS/SS is as much or more as a full time working RN (there's several posting here that are just that).
Your ex may very well be trying to pay as little as he can (who wouldn't try when they pay that much?), but you are trying to also drain as much from him....which really then makes you no different from him.
From what others posted, the extra CS you received is probably considered a gift under the law, but most folks would pay it back anyway. Being ethical is always the right thing to do.
You've made it clear you are looking for a loophole to justify your actions. You've even titled the thread "overpaid child support," meaning you know have been overpaid.
What else can I say? I dislike being judgemental of strangers. I like to give folks the benefit of the doubt. I like to think they would do the right thing. From your posts, I can't give you that respect.
I'll end it at that. There's nothing I'm going to say that is make any difference in your life. What you do, will make a difference in yours.
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highwood1
recently joined
Reged: 05/18/11
Posts: 7
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"I dislike being judgemental of strangers"
Then don't be!! YOU have no idea of my circumstances or my real life situation. So you have no right to judge me!! I came on here for answers, not to be judged as you have done to me and are still doing!!
I will say one thing about my situation as you falsely claimed I was trying to drain my ex. My ex gambled away all our savings, our children's savings, our 401k's, our house(I was left with a million dollar mortgage in my name and no property to show for it) and any equity in it unbeknownst to me(which I contributed a lot to)from his own shady and fraudulent dealings which ramifications from I am still dealing with to this day(funny thing is, he walked away untouched). Oh yes, he actually did leave me with something, BAD CREDIT!! He now pays me 22% child support for 2 children(28% is the norm for 2 children in IL). Years later I am finding myself, once again, going through the same problems with trying to figure out what shady dealings or whatever you want to call the latest escapade, with his taxes now. For over two years, I have accepted 22% cs for 2 children without asking for anymore from him. I could go on and on, but choose not to as I do not need to justify why I ask these questions to you or anybody else. All I came on this site for was answers, not judgement from you who does not know me or anything about me.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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What was done in the past is over. You want answers, you got them, you were overpaid, and if he can prove it was a valid error, you will owe the money. And you should be willing to either pay it back or reduce further payments to make up for it.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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highwood1
recently joined
Reged: 05/18/11
Posts: 7
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"you were overpaid"
Depends how you look at it!! And there are many ways to look at it in this case!!
"you were overpaid!"
Not according to IL state law!!
"what was done in the past is over"
The payments he is trying to get back were paid in the past, shouldn't they be considered OVER too!! As you stated "it should work both ways!!"
"You want answers, you got them"
I got judgement and criticism.
To the people on here who gave me productive answers, thank you!!
"what goes around, comes around! "
Edited by highwood1 (05/31/11 10:15 AM)
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c_jane
Pooh-Bah
Reged: 04/06/07
Posts: 1754
Loc: In the Great State of Texas
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In Texas, you overpay -- too bad so sad. You underpay, fork it over ASAP.
A portion of my CS (so described in the CO) is to pay 100% for insurance premiums for DS TO Exhole. Which used to be around $90/month. Exhole got a new job and FAILED to inform me that New Job paid 100% of his insurance premium. For 16 months. So he was getting a 'gift' of an EXTRA $90/month, which was 'too bad so sad' for me. Courts do NOT care. And Exhole laughed gleefully to himself every time that money came in.
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John Constantine: God's a kid with an ant farm.... He's not planning anything.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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Are you CAPABLE of addressing someone ELSE'S problems? Is it POSSIBLE for you to post and not just flat out sh!t on your ex CONSTANTLY and think that MAYBE someone else could use advice about THEIR situation?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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