The father thought he was being responsible by paying all his child support obligations. Although he was no longer with the mother of his children, he upheld his end of the bargain and paid child support to her throughout the childhood of his kids. When they finally of age, a judge found that he had paid his responsibilities in full and, in fact, was entitled to a refund of a small overpayment. Unfortunately, just 30 days later, the state of Texas took his tax refund check, claiming that he owed over $6,000.
When he contacted the state child support office in 2014, it was acknowledged that there had been a computer mistake. The office claims that the man needed to contact his ex to have the funds returned, even though the state distributed the funds in error. State representatives also say that the man is not able to sue the state because of sovereign immunity.
The man tried to work with the state but has not been able to make headway. Since he did not have a hearing before that state took his tax refund, he believes he has a right to sue the state for the error. The father has not expressed an interest in suing his ex, as the state wants him to do.
The Texas father says that he was just trying to do the right thing by his kids, but unfortunately, has suffered because of the child support error. It remains unclear whether he will be able to retrieve the funds from the state. An individual who believes that he or she has overpaid into the state child support system, but who has not been able to retrieve the money, has the right to consult with an attorney to inquire about what options are available for legal recourse.
Source: ABC 13, “Father: State screwed up but wants me to sue ex to fix mistake“, Ted Oberg and Keaton Fox, May 2, 2018