Arizona Department of Economic Security overcharged, Phoenix, Arizona

My husband has been trying to get his child support nightmare straightened out for over three years now. Not only have we over paid child support by almost $3,700.00 they still insist we owe back child support. Last spring we filed for an administrative review and were shocked when they informed us the $7,500.00 my husband paid to his ex through the United States Bankruptcy Court was considered by the DES as a gift and not child support. They told us she (the Ex) needed to send them an Affidavit of payment.

Well we'd tried that once before and it didn't work but they sent one out again with They told us we would need the clerk of the court to change this for us. The Clerk of the court said they couldn't help; we would need to speak with the DES.

On September 21, 2001 we received a Pre-Offset Notice from the State letting us know we owed $6,333.25 in back child support and if we didn't pay they could take our tax return, passport, etc. March 9, 2002 we received yet another Pre-Offset Notice stating we now owe $13,935.84 in back child support.

Well our court ordered child support is for $302.25 a month and we've made all our monthly payments since September so I can't begin to imagine how this amount came to be. I'm going to speak with an attorney (for a second time). I thought if we filed a petition for child support modification with the court we would be able to get in front of a judge and explain our case. But maybe that is how it works. If we are paying and being over billed and the mothers or custodial parents are receiving these payments where are they going? Who is spending my money? And do they really have the right to bully us, threaten us and never have to answer for anything to anyone?

My husband and I have lost sleep, time off work, legal fees, and on many occasions we fought over this issue, not to mention the strain this has put on his relationship with his son.

Debbie
Phoenix, Arizona