Galloway, OH asked in Child Support, Child Custody and Gov & Administrative Law for Kentucky

Q: Child support arrearage issue due to system error after custody return in Kentucky.

I have been informed that there is a small arrearage amount due from when my child was in the custody of the Cabinet for Health and Family Services. My child returned to my custody in May, but the child support system did not stop support payments, and as such, the arrears reflected on the system are incorrect. Although I informed the child support office about the custody change, they have not acknowledged it. A case audit is being conducted. Can you explain what this situation means and what steps I should take next?

2 Lawyer Answers

A: Wait for the audit. That should cure the error without further action on your part.

James L. Arrasmith
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Answered

A: It seems that there has been a system error in the child support office, where they continued to process payments even after your child returned to your custody. This can result in the appearance of an arrearage or unpaid support, even though you were no longer obligated to pay at that time. You’ve already informed the child support office about the custody change, but it appears that they haven't yet updated their records, which is likely why the arrears are still showing.

The case audit being conducted is a good sign, as it indicates that the child support office is reviewing the situation to correct any errors in their system. During this audit, they will check whether payments should have stopped when your child returned to your custody and whether any overpayments were made.

You should continue to follow up with the child support office and provide any additional documentation that supports the custody change, such as court orders or custody agreements. If the issue is not resolved during the audit, you may need to escalate the matter or seek legal advice to ensure that the arrears are corrected and that you are not held responsible for payments that were made in error.

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