Despite Being Sued Ohio Still Won’t Return “Child Support” Overpayments

The following is an email (and my reply) that I just received from an Ohio father who’s nearly $1,000 overpaid on his child support.

Think about that for a moment; a class action lawsuit (referenced below) was filed against the State of Ohio’s Ohio Department of Jobs and Family Services (ODJFS) on May 7, 2011, and what does ODJFS do? It keeps collecting child support from fathers who in some cases don’t owe any, and in others are overpaid like the one below is.

This is precisely why the child support lawsuit must prevail, to stop Ohio’s outright thievery of funds from noncustodial parents that it’s not entitled to.

In a case such as this one and many others, if the noncustodial mother were to pass, or if there were a change of custody, that father would never be refunded his overpayment.

Is that right, fair, equitable, or just? More importantly, how is that in the “best interest” of his daughter? It’s not, it’s in Ohio’s best financial interest at the expense of his daughter as that’s money (his) that he could be spending on her as he chooses.

Tony Fantetti
Ohio Council for Fathers Rights
Email: tony.fantetti(at)ocffr(dot)org

Quoting xxxx xxxxxxxxx <xxxxxx@yahoo.com>:

Hello.

My name is xxxx xxxxxxxxx. I live in xxxxxxxxx Ohio. On Friday i found out that xxxxxx County has been taking out too much money from my pay. The overpayment is almost $1000.00 They told me i cant have it back till my daughter turns 18 in two yrs just in case i wouldnt be able to make my monthly payment. 4 yrs a go i was unemployed. so when i got a job they issued a 2nd pay order to the place i work for to make the back support up. My new case worker on Friday said the 2nd order was never canciled when i caught up so now i have the 1000 over payment. Any ideas on what to do about this? Im going Monday morning to have a face to face and ask for a admin hearing. Thanks

xxxx xxxxxxxxx

_______________________________________

xxxxx,

Absent a court order, it’s highly unlikely that the CSEA will refund your overpayment. I know that, as I have a nearly $7,000 overpayment they wouldn’t return to me, and they just kept collecting despite that.

Given that a class action lawsuit has been filed against Ohio for over collecting “child support,” I’d follow the case in the forthcoming link to see what becomes of it. I’ll be posting updates to the blog as it progresses.

http://www.ocffr.org/blog/2011/07/09/ohio-child-support-lawsuit-odjfs-accused-of-knowingly-over-collecting-in-class-action-complaint-3/

Sincerely,
Tony Fantetti
Ohio Council for Fathers Rights

This entry was posted in Ohio Child Support Enforcement Agency (CSEA), Ohio Child Support Enforcement Agency (CSEA) Abuses, The State of Ohio, The Voices of Others, Uncategorized and tagged , , , , , , , . Bookmark the permalink.

18 Responses to Despite Being Sued Ohio Still Won’t Return “Child Support” Overpayments

  1. ken seitz says:

    i have$ 2,400 owed to me now for over payment in child support that i have custody of my two sons.i was advised by the agency that the state of ohio owes me.the child support agency sent a e-mail to the state to release the money back to me.i’ve have yet to see it.

    • Tony Fantetti says:

      You are entitled to a full audit of your account Ken. You can call the CSEA and request that they send and audit of the payment history out to you and they may or may not. Get the name of the person you speak with, and consider making the request by certified mail and address it to the director of the CSEA in your county. I’d be happy to post of copy of your request here if he\she doesn’t reply and point it out to them myself as they hate negative publicity.

      What you may have to do to get your overpayment refunded to you is file a motion with the court whereby you request that the court order the CSEA to return your funds. Said motion would need to be specific with regard to repayment terms.

      Sincerely,

      Tony

    • Shannon mcwilliams says:

      There are not statue of limitations on cesa cases

  2. melissa m says:

    I went to mahoning county ohio juvenile court in oct 12.the court order said to redirect payments to 3rd party all arreages to be paid in full out of 4 years of money csea was holding.i recieved a 5100.00 bill in jan 13 plus a new order that includes arreages. what.?… no response from child support so i called court.they said i owe no such thing.i have to go to csea with my copy of court order or pay 100 to file motion and it has to be written legally correct motion.no laymens terms aloud! very frustratting!

    • Tony Fantetti says:

      Melissa,

      If the CSEA doesn’t clear this mess up and follow what the court ordered, you may have to threaten the CSEA Director with contempt to resolve the matter. I say that, because if the court ordered something, and the CSEA is not following or honoring what the court ordered, then the CSEA is in contempt. I’ve threatened Moria Weir of the Hamilton County CSEA (“Child Support” Extortion Agency) with contempt through my attorney, and Ms. Weir fell in line real quick after that.

      Tony

  3. Im a nother father here in Columbus Ohio who has Been Charged over Pay and My case was Dissmised Twice the first time in 0 9,2001 by a Judge Who later became a Supreem Court Judge of OH two years later i had to File Chapter 13 in Federal Court Child Suppor Attorney came to claim the money they said i owed in that case and it was still open . the Attorney that repersented me was there and now a federal Judge his self they showed there paper work and to the judge and ruled the case was Dismised 09,2001 today they still say i owe them 37,000 on that case in 2012 whent back to court and it was 0.00$ out still sending me a bill at one time they changed the order number got to be something a Person can do well i know what the slaves felt like

    • Tony Fantetti says:

      Donald,

      I understand fully what you mean when you said, “I know what the slaves felt like.” Slaves were obviously not in control of their own destiny, just as we fathers aren’t. We (like slaves did) answer to someone else (“Family Court” and “Family Court” judges and magistrates) and aren’t free to make our own decisions when it comes to our children, “our” money (though they had none), and our children’s lives.

      We have little to no say inour kid’s lives, we are enslaved (under the constant threat of arrest and incarceration) to financially unjust and unbearable “child support” orders, and we’re treated by the courts, their agents, and much of the public as sub-human degenerates whom are deserving of nothing more than contempt from others.

      And for what??? Why are we treated so poorly while we’re hated so greatly??? It’s simply because we dared to become fathers who refuse to walk out of our children’s lives. And because of that, we’ve become an annoying inconvenience to those custodial parents (the mother in 84% of cases nationwide) who want only our money (which is stolen via “child support”), and destest us for trying to play a meaningful role in our children’s lives.

      Obvioulsy, not every custodial mom views fathers in this manner, but sadly, and to the children’s detriment, there are far too many who do and the innocent and precious children suffer as a result.

  4. Tammy P says:

    We recently received an audit from Licking county CSEA stating that my husband has overpaid by $3525.00 since his dissoultion in 2008. This audit was done due to his oldest son will soon be emancipated when he graduates in 2014. When the dissolution was complete the arrears of over $5500 were supposed to be dismissed and this was just caught by CSEA. My husband went and met with his case manager, the person who completed the audit and her director at CSEA. They told my husband that this money would not be returned to him until after his youngest child turns 18- he is now 13. What can we do to get them to return this money to him sooner than 5 years from now? They also still have a current order continuing to take arrears out of his checks and they have not issued an order to stop this, which means he will continue to overpay. Please help advise as to what we need to do next. I feel bad that his ex will have to pay back the overpayment, but this is not my husbands fault in any way.

    • Tony Fantetti says:

      Tammy,

      First and foremost, I’m curious as to how that overpayment will ever be returned to him in the absence of a court order? Did the CSEA explain the refund process to you? From my experiences, the refund of overpayments is handled differently from office to office, and is generally a matter that the CSEAs aren’t overly concerned about.

      I’m also not convinced they “made a mistake” regarding the $5500 in arrears that was supposed to be discharged. Reason being, the more they collect in “child support” the more Ohio earns on the Federal Incentive match. So even if he gets the $3525 back, what he won’t get back is the poundage fees he paid to the CSEA on that money.

      If I were in his position, I’d consider filing a motion to have the current order modified and reduced by as much as possible each month until the overage is at a $0 balance. Otherwise, he may never see that money again. I emphasize consider, because I’d weigh the cost of filing the motion (and the possibility of it being denied by the court) against the possible gain of $3525. And if I decided to proceed, I’d certainly petition the court for the statutory interest rate on that money starting from the date of overpayment.

      If he’s represented by counsel, one option would be to combine this overpayment issue with another upcoming matter where he’d be going to court anyway. In a case such as that, his attorney would already be present, and so arguing this additional motion (assuming it’s heard that same day) wouldn’t cause him to incur a significant amount of legal fees.

      Lastly, his ex deserves no sympathy with regard to paying this money back. The fact is, and whether knowingly or unknowingly by her I don’t know, that money was stolen from both of you, and you both deserve to get it back. She should have the moral inclination to return it without being asked, and in the absence of a court order.

      Tony

  5. Brenda Smith says:

    I received a notice that CSEA in Franklin County, Ohio was closing my support case. I figured it was because, no more support was owed by my ex-husband. The next week, I got a letter from CSEA that there was an overpayment of $3800. This overpayment was found when the county audited the case. The letter states that this overpayment was made in July of 2011. What I want to know is this, ” If the CSEA overpaid me two years ago, and it was their mistake. Why do I have to pay this back to them. The mistake was on their side of the case, not mine. Is there a statue of limitations on how long they have to reclaim this overpayment. It has been over two years, since I got that “overpayment?” Thank You For Your Time, Brenda Smith

    • Shannon mcwilliams says:

      Yes you will be required by law to repay the over amount back yes its unfair cause CESA should have caught it but the fact that they arent on their job about it causes u to suffer unneccisary. The father in turn can sue you for the over payment in court or CESA can put u in the tax offset program and collect it by taking all your state and federal tax returns till said debt is paid in full then u start seeing ur tax returns like being audited by the irs. For future ref keep track of your payments the day the case was closed or of there was a midification to close the case pending best to hold the money till the decision was made to continue or term the case. Unnfortunatly thats just how they wrk, if the child quilifies fir the termination such as of age 18, military duty, marriage, emancipation then dont spend the money knowing when u know the day they fit the criteria cesa sts that they should be informed as soon as such evdnts arrise and if so and u still keep hetting checks then u owe back or overpaid sorry to hear that good luck.

    • Tony Fantetti says:

      Brenda,

      You are correct in asserting that the CSEA made the mistake, not yourself. However, the fact is that your ex was forced by that same CSEA to pay $3,800 that he didn’t owe. And that’s money that he’s without due to no fault of his own.

      Understand that you are not paying the money back to the CSEA, you’re paying it back to your ex. It was his money, not the CSEA’s that paid you. Although the CSEA will take its cut through the “poundage fee” if a support order is established against you as I suspect it will be.

      Additionally, there’s no statute of limitations on child support, nor is child support related debt dis-chargeable through bankruptcy.

      I understand it wasn’t your mistake, but do you really feel no obligation to pay it back given your ex is out that money?

      Sincerely,
      Tony

  6. Josh says:

    I contacted Greene county child support in August because they were taking too much out of my paycheck for CS. My oldest fell off being he turned 18. They did not notify my employer for weeks about new order. I only ended up being $258.00 in overpayment but they will not give that money back. They stated I could sue the child’s mother if I wanted the money back. What kind of system is this?

    • Tony Fantetti says:

      Ohio’s “child support” system is a very corrupt one that ‘earns’ the State of Ohio millions of dollars in profits directly off the backs of the millions of Ohio children that the state falsely claims to be acting in the best interest of.

  7. Marvin Paul says:

    Tony do you have a number? If so can u email me your info so we could meet for lunch or something. I’m a father with 2 kids. I live in cleveland ohio. After reading the comments, questions and answers maybe u can help me. My email address is marvinpj_2001@yahoo.com. I was just at the csea on jan 6th 2014. I found out that I was overpaying and that I 2,700$ just sitting. My worker told me it was a cushion and that I couldn’t get my money back. Seriously I would like to sit down with u and give u more details of what I’m going through as far as custody and Childsupport. I mean that’s if u don’t mind.

  8. Angie Kalail says:

    Ohio Child support has taken thousands of dollars is distribution from my ex husband for a classification of other on his child support payments, he has never receive reimbursement for over payments and everytime I call in I get a run around. We can’t collect on the overpayments that he made because he lives in louisanna who still has him listed as owing arrears which he is current and up to date. This is so frustrating because he won’t pay medical bills since he is trying to satisfy louisanna. Any help from anyone on where to go from here would be appreciated. I have documents and such and much more info. My email is Angie.kalail@gmail.com

    • Tony Fantetti says:

      Angie,

      The CSEA cares not about over-payments on the part of the obligor. What I would do, and have done in that situation is file a motion to reduce the amount of his current payments or to order his ex to begin repaying the overage to him. Either way, it requires an order from the court to rectify.

      Tony Fantetti

  9. John Ius says:

    I am current on the current support for my youngest. But within my account there is a credit balance of $818.61 because they have over collected. It has not been paid out to my ex. CESA is just holding the funds. I sent them and email and the response is that they are sorry that they cannot return the money. I would be happy if they just gave it to my ex for my son. How is this freaking possible. It is theft of funds!