Q) For more than 10 years now, my employer has been sending my garnished child support payment to the OCSE promptly. Two years ago, OCSE Ithaca paid part of my child support payments to the wrong person. This lasted for a long time until I discovered the error. And even then, OCSE Ithaca told me that unless they were able to recover the wrongfully paid out sums, they could not reimburse me! It took about two months for them to resolve the matter and credit me with the sums wrongfully paid to another person. Now as I write this, because of an alleged difference of $155.07 between what my employers should have sent OCSE and what they actually sent over the last six months, OCSE sent garnishment orders to both my employers and the Social Security Administration (SSA Roslindale Field Office) to withhold my social security payments. Since I have sent in a check for $155.07 that has now been credited to the account of the custodial parent of my daughter, I am asking: (1) that an order be sent forthwith to SSA Roslindale Field Office cancelling the IWO sent to them and (2) that an explanation be given to me why a garnishment order to was sent to TWO parties, my employers and the SSA? Is this not a case of extraordinary administrative sloppiness on the part of OCSE Ithaca for which I have had to expend a lot in terms of time and bother?
A) If your child support payments have gone to the wrong person, you should take steps to rectify the situation as soon as possible. Here are some steps you can take:
- Contact your local child support agency or court: The first step is to contact the agency or court that handles child support payments in your jurisdiction. Explain the situation and provide any evidence or documentation you have, such as receipts or bank statements, to show that the payments were made to the wrong person.
- Request a payment investigation: Your child support agency or court can conduct an investigation to determine where the payments were sent and how to recover them. They may also be able to provide you with information about your legal options for recovering the payments.
- Work with the recipient: If the payments were mistakenly sent to someone you know, such as a family member or friend, you may be able to work with them to recover the funds. They can return the payments to you or the child support agency.
- Seek legal assistance: If the payments were fraudulently diverted to someone who is not entitled to receive them, you may need to consult with an attorney to explore your legal options. They can advise you on how to pursue legal action to recover the payments.
In any case, it is important to take action as soon as possible to recover the payments and ensure that future payments are made to the correct person.
It is unfortunate that your local OCSE made such an error in administrating your child support payments. I suggest that a written letter of your request be made to your local OCSE Ithaca office.