While going through a divorce/child custody case I have had two attorneys and multiple orders handed down. One order stopped my spousal support. Unbeknownst to me my attorney at the time never filed the order with the AG's office and as a result, I accrued a large arrearage over a number of years (I have learned my lesson to always double check). During that time my child support payment was being taken directly out of my check. I started getting letters that I had an arrearage and it has taken almost a year but I finally have no arrearage balance. However, my tax refund was taken and one payment after I gained custody for approx 5K. The funds have of course been distributed and now I am the CP and getting a small amount of support from my ex-wife. Will AG apply what I am owed to her arrearage or will they do anything?
1. Get a pay record (FINA) from the AG. Hopefully all of this back and forth was done on the same OAG case # (they usually start with 00.... and the # is in upper left of nearly all their correspondence)
2. You may have to file a Motion to Confirm Arrears and a Motion for Recoupment to resolve the arrears once and for all and to force the (former) custodial parent to disgorge (hand back) the $$ they received over the amount owed. By law the OAG can't keep it so it was likely sent out once my former co-workers in special collections did the intercept.
3. If you need an attorney, get one with child support enforcement experience. This is not hard but it has to be done just right.
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