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Getting a Child Support Overpayment Back?

My disability check was being garnished for child support by court order and processed by Social Security. My daughter turned 18 last December and I received a notice that my support had been terminated. Then the same month I received a notice from SS again stating that she started college, so the garnishment would continue until she graduated. So I was never without paying and they pulled it out in Dec., Jan., Feb., and now March. Then I received another letter stating that she actually never started college, so the SS office said again I was not obligated to keep paying. Yet, they never stopped garnishing me. So I would ask, how do I get my over payments back? I use direct express. Will they put it on the direct express card or how will I get it?

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Gold Feedback Medal for All Time! 949 Feedbacks
March 4, 20171 found this helpful

It appears that your divorce stating conditions of child support probably had a condition that you would continue paying support if the child went to college.
You will need to gather all of your legal papers concerning your support agreement as well as all of the letters you have received fro SS and pay a visit to your local Social Security office as they are the only ones that can tell you what is going on and hopefully stop the payment from disability check. You may not be able to get the already removed payments but maybe put a stop to future payments.

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You should ask about what will happen if the child decides to start college in the future but you may wind up having to seek legal advice about future payments.

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Gold Post Medal for All Time! 677 Posts
March 4, 20170 found this helpful

The cheapest way to do this is to let Social Security handle this. I would also contact the lawyer you used for the divorce. He would be able to expedite it, but he would charge you.

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Gold Feedback Medal for All Time! 949 Feedbacks
March 5, 20171 found this helpful

I reread your question and since your support payments are handled through the court, you may want to contact someone in that office as that is probably the office that will have to cancel the garnishment of your SS disability check.

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You should reread all of the part in your divorce dealing with support as that is where your garnishment is coming from. Sometimes it is worded with the length of time (months/years) the child has to start college after high school but if it does not then you may have problems if the child enters college later. Check this out as you may need an attorney to make any changes to this degree. If you do not have a copy of your divorce you can obtain a copy from your court house records.
Very important - Social Security can tell you if the garnishment has been canceled/stopped but they cannot stop a court order as only another order from the court can do this.

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Silver Post Medal for All Time! 255 Posts
March 5, 20170 found this helpful

Only the court can stop the garnishment. I assume you were behind, or they would not have garnished. Perhaps they are meaning by the letters that from that date forward you are not responsible, but you may be still catching up from the past.

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Have you added up the dollar amounts plus the interest and court fees? Do they add up to what they have taken? Call the court and ask them.

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