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The state realizes they messed up, but he still has to pay?

smallfry83's picture
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Future DH started a new job towards the end of March this year. He had been paying his child support manually (via state's website) while he had been unemployed since December of last year. When he got his first paycheck, his child support payment had been taken out as scheduled. However, the payment was not processed by the state until 3 days after it was due.
According to the state, this put him around $300 behind. He makes 2 payments per month (because he is paid twice a month), so the next month, it looked like he had made 3 payments. When he spoke to the case worker, SHE even admitted that it was through no fault of his own that the payment went through the system later than expected. But he still must pay the amount that is "in arrears." But when you take all the records from where he's paid and add up what he owed from the time BM filed for child support (behind his back, although they already had reached an agreement on child support... but that's irrelevant), he is caught up and owe's nothing extra.
The state case worker admitted that he shouldn't owe anything, but that the state will still want him to pay the amount in arrears.
He has no problem taking care of his child, and he will do anything he needs to for him. But neither of us think it's fair for BM to get an extra $300 to go do with as she pleases (stuff for her and not for the child). He received a notice that the information had been turned over to state and federal revenue departments so that his income tax refunds will be garnished.
Is there anything he can do to fight this?

tired1223's picture

If it will show 3 payments for the following month, can you wait and show the receipt as proof?

smallfry83's picture

This happened about 6 months ago. The state case worker can even see the 3 payments in one month. She just can't/won't do anything about it. We just don't know what to do.

LizzieA's picture

Can you go over her head? You have paid the correct amount for the year in total, correct? And it was their mistake? How infuriating.

smallfry83's picture

Yes, he has paid the correct amount this year in total. I think that NC is just screwed up. The mission statement is "To consistently collect as much child support as possible for the benefit of North Carolina's children." It seems to imply that they will collect as much as they can, regardless of their mistakes. LOL
According to the case worker, the state won't do anything, but I think he is going to try and go over her head.
I'm curious, should he get a lawyer?