DOR CSE Policy on overpayment recovery

[protectkids]

DOR CSE TOOK 100% OF CHILD SUPPORT AND DISPERSED IT BACK TO THE NCP. AFTER HOLDING IT FOR 6 DAYS AFTER RECIEPT. ON THE 7TH DAY IT WAS THEN DISPERSED TO NCP DISPERSED. THERE IS AN OVERPAYMENT WHICH HAS ACCUMULATED OVER A PERIOD OF TIME BY MISTAKES ON DOR'S BEHALF AND I HAVE INQUIRED ABOUT HOW IT GETS RESOLVED AND WAS GIVEN LIP SERVICE OR TOLD that NCP WILL GET IT BACK AT THE END. HOWEVER AFTER PAYMENT WAS DISPERSED TO NCP I FOUND OUT BY DOR THAT NCP WENT INTO OFFICE DEMANDING OVERAGE MONEY ON 2/19. I WAS NOT CONTACTED BY MAIL OR PHONE WAS NOT EXPLAINED THE POLICY NOR WAS I GIVEN AN OPTION TO SET UP AN OVERPAYMENT PLAN. THEY PLAN ON GIVING 2ND PAYMENT FOR THIS MONTH TO HIM AS WELL LEAVING A PAYMENT OF ONLY 24.37 FOR THE ENTIRE MONTH OF MARCH.

MY QUESTIONS ARE, DOES FL DOR CSE HAVE THE LEGAL RIGHT TO DO THIS ?

BY RESEARCHING THE NET I FOUND THIS 45 CFR 303.100(a)(8)

Then look at this the Rule FAC 12E-1.022 Now after reading this it doesnt appear they followed procedure ? Am I correct or is there another law or statue that I missed ??? I need advice ASAP the 2nd payment will be dispersed around the 15th

Thank you very much for your help

 

[Duranie]

I imagine it is legal because often CP's do not pay the overage back, it is easier to just pay the NCP. If you knew you had been overpaid, why didn't you put that money aside? What did you do with it?