child support?

[dmudduck442]

I have a question about child support. Does anyone have any ideas as to whether a child support payment sent to me in error can be discharged? I've never had a child support order, I've received child support payments and on one occasion they sent me a child support check that was their error.

[HHM]

Let me make sure I understand...

(1) You were sent a child support payment (who sent it to you, you keep referencing "they", a plural) (2) That payment was an error, (3) but, notwithstanding the fact that you knew it was an error, you kept the money and appeared to have otherwise spent it (4) now "you" are declaring BK (5) and want to know if the BK will allow you to not have to pay the money back?

[dmudduck442]

I received the money from Child Support Recovery Services which sent me a check by mistake, at the time I received the check I didn't know that it was a mistake, I thought the check was for me as I had a court order for my ex husband to pay the child support. At the time he was off work with a back injury and I thought that when they sent me the check that meant he was back to work.

[HHM]

Has CSRS requested the money be returned?

I've never had a child support order

If you don't have a Child Support Order, why would CSRS even be involved?

[dmudduck442]

I get a monthly statement from them, they're involved because the money was sent to me in error.

[HHM]

What is confusing here is you say you have no child support order (yet you receive child support).

Fill in the background here...because this is confusing.

1. Are you divorced
2. Do you have kids.
3. Did you receive child support payments at some time
4. Are you entitled to child support currently.
5. Has CSRS sent you payments in the past that WERE NOT errors.

[dmudduck442]

OK here is the story, I was divorced in 1989.At that time I was awarded physical custody of my daughter. The judge ordered child support payments in the amount of 100.00 per week. Eventually my ex did not pay so I went through child support recovery unit and they took the 100.00 out of his check every week and then they would mail me the money. My ex hurt his back and was off work for 2 months so during that time I didn't receive anything then one day I received a check from the child support recovery unit for 300.00 so I just figured he was back to work only to find out a couple of months later that this payment was sent in error. I haven't received any child support for quite a few years now since since she is now well over 18 years of age. But I did continue to receive child support payments for her from the child support unit until she turned 18. Sorry for such a long reply.

[HHM]

Sorry to keep asking questions, but this should be the last question to help clarify the story...

When exactly did you receive the erroneous payment.

[dmudduck442]

I don't remember the exact date is but I know it was more than 5 years ago.

[HHM]

Ok, long story short...

1. No one has come foward to claim the money...correct??
2. At the time, you were not aware of the error.
3. It's been FIVE years
4. It is a rather token amount ($300)

CSRS would have uncovered it by now during an annual audit.

I wouldn't worry about it or list it in your BK.

[CindyLou]

How did you find out it was received in error? Did they notify you of this error?

[dmudduck442]

Yes, 2-3 months after they had sent me the check they wrote and said they had made a mistake and I've been receiving monthly statements from them ever since then.

[CindyLou]

Ok then that clears it up. They should, without a doubt, be included as a creditor on your bankruptcy. I don't think your whole story was coming across. Good luck.

[HHM]

So you ARE receiving statements that you owe them.

No offense, I am sure your story seems clear to you, you have been living it, but when you post, please try include all relevant information. I asked you on several occasion if they had requested it back, and only NOW do you say they have been sending you statements ever since.

When was the last time you received a statement from them, and on those statements, does it show that you OWE them money?

[dmudduck442]

I receive statements every month.I did state that in an earlier post.