Ordered to pay support, became, mentally disabled, case never reviewed


#1

I am caretaker of a long time friend of over 12 years. She was ordered to pay child support effective of 10/07. She became disabled in 5/08, due to a ‘drink / drug slippage’ .

Immediately, her parents were smart enough to file for disability. Her ex husband did same for child. In 2012 they started deducting from her disability check for child support. Meanwhile haviing nearly 15000 in arrears that occurred after her disability.

After several hundred calls to NC CSE, I finally reached someone that would actually speak to me - cause I am a caregiver, but in charge of her affairs. They agreed to to review case ( which I was under assumption should be done every 3 years, if person is on on public assistance).

It comes back that there SHOULD be a reduction, however since its a reduction, the county does NOT file a motion. I filed motion, for her.We go to court and judge, terminates support order back to the year of her disability - 2008. Any arrears would be paid by what what she has paid.

My questions are: CSE states in letter that people under public assistance, that their case are AUTOMATICALLY reviewed every 3 years which she has been under. Its been nearly 10 years and only review was done after I requested after several hundred calls… in 2016. At that time time judge terminates support to month following her disability - thus wiping out all arrears.
I understand they had best best interest of child, but had someone looked into case in first 3 years arrears would of never been so high… Second. CSE should of known fact, 1)they sent order to SS, 2) after several hundred calls, and 3) case was NEVER reviewed as it was supposed to be done. She is mentally handicapped and had I not filed, motion, case would of never been heard.

My other question is about over payment. Since they started taking funds from her ss in 2012, it has continued every month, including to this day - 3 months after we we to court. How do I go about getting her refund for over-payment? Iff support order was terminated to year 2008, yet she has had it withdrawn from her ss since 2012, there is nearly 24000 in over-payments after arrears paid. CSE says funds have been distributed and not their fault. Yet had they done what they were supposed to do, this would of never lasted so long… Please advise I truly believe that CSE is reasonable as is the ex for double dipping (SS for child and support for child)


#2

Every child support case can be reviewed every three years. The local CSE offices generally will automatically review them, but not always.

If CSE does not have possession of the funds resulting from overpayments, SS may still have them, and you should contact your local SS office.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.