Q: Husband overpaid 6,000$ after he relinquished his rights,NE kept withholding his income. Can he recoup his money?
Child support enforcement kept taking weekly payments for 6 yrs. until we finally had a lawyer look into it and got a copy of the adoption order. He had an other child support order and didn't realize they had continued to take and pay for the one that was adopted. Currently, his child support cases are closed now. His account shows he over-paid 6,000$ but child support enforcement said nothing they can do? but if they withheld it without the right to they should have to withhold from the person who received the money and should not have? No one will help him get his money back, and we don't have money to hire an attorney and was told that you probably better cut your loses by an attorney...
A: You would need to speak with an attorney about the specifics of your case as to your options. Depending on the circumstances, you may be able to bring a cause of action against the parent that received money if they lawfully should not have. You might expect a counter claim to recoup other costs while the parental rights were intact, such as for an unpaid share of child care costs, etc. that might be used to deny the repayment even if child support was otherwise overpaid. Also, even if you get a judgment, it may be difficult to collect from the other parent. Sometimes it does not make sense financially overall to bring an action even when you have some grounds to do so. It would be very unusual to have a cause of action against the child support payment center in circumstances like this. The cause of action, if any, is likely against the other parent.
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