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Mistake over child support order costs man over $6,000

On Behalf of | May 3, 2018 | Child Support

All parents have a responsibility to their children. While they are obligated to provide emotional support and love, they must also provide for them financially. While there are some parents in Virginia who struggle to meet the obligations required of them in a child support order for a variety of different reasons, one man in another state claims that the state took money from him, alleging that he owed back support.

The man claims that he paid the child support that he owed on time. He even claims that, once his children became older, he received documentation from a judge, indicating that his financial obligations had been met. In Dec. 2014, he claims that the state sent him a check for $736 because he had actually overpaid.

Unfortunately, the next month, he claims that the state of Texas confiscated his income tax return — a check for over $6,000 — claiming that it was for back child support. Once taken, the state forwarded the money to the man’s ex-wife. Though he claims that state representatives told him the money was taken as a result of a computer error, they also told him that they no longer had the money and could not return it to him. Using a law that is not well-known and was written in the 1870s, he is reportedly able to sue the state because the money was taken without a hearing.

The state denies the man’s claims but declined to provide specifics, arguing that the matter is confidential. Unfortunately, there may be parents in Virginia who are in a similar situation. Though they have met their financial obligations as outlined in a child support order, the state still garnished their wages. Because of the complications often associated with family law, many people may not be aware of how to stop an unlawful garnishment, for example. Fortunately, an experienced attorney can guide them through the process.

Source:, “Father: State screwed up but wants me to sue ex to fix mistake“, Ted Oberg and Keaton Fox, May 2, 2018

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Attorney Harvey S Lutins