Brenda C., In re

No. 95-SHCO-218 ( Ohio Dep’t of Human Serv. May 30, 1995) ; Clearinghouse Number: 50737

Description

Child Support Enforcement Agency May Not Collect Pass-Through Paid to AFDC Recipient in Error

Abstract

The administrative hearing examiner has reversed the Ohio Department of Human Services’ finding that claimant is liable for an overpayment of child support. Claimant is an AFDC recipient entitled to, but not receiving, child support. She and another woman in the county who is also entitled to child support have identical names. Through agency error, claimant received the other woman’s $50 child support pass-through for five months. After the child support enforcement agency discovered the error, it attempted to recoup the money from claimant. Objecting to the recoupment, claimant argued that the notice of overpayment was improper because it referred to direct payments of support that she did not receive. Claimant also argued that she should be exempt from recoupment because she did not cause the overpayment. The administrative hearing examiner found that, because claimant had not been actually receiving child support, the $250 overpayment she had received was not a IV-D overpayment. Therefore, the hearing examiner held that the county department of human services, rather than the child support enforcement agency, should have issued the overpayment notice to claimant. Because of this error, the hearing examiner reversed the agency’s decision and directed the child support enforcement agency to cease all efforts to collect the amount incorrectly identified as a IV-D overpayment.

Additional Information

Attorney Information
Claimant represented by Timothy Foran, Southeastern Ohio Legal Services, 36 S. Congress St., Athens, OH 45701 (614) 594-3558.
Docket Date
1995-05-30 00:00:00+00:00