Current through Register Vol. XLI, No. 50, December 13, 2024
Section 97-7-16 - Refunds to an obligor16.1. If the bureau receives properly withheld funds in excess of the amount due from an obligor, and the overpayment was caused by an error on the part of the bureau, the bureau shall refund the overpayment to the obligor, regardless of whether the overpayment has been collected from the obligee.16.2. If the bureau receives funds in excess of the amount due from an obligor, and if the overpayment has already been disbursed to the obligee, and the overpayment was caused by a circumstance outside the control of the bureau, the bureau shall not refund the overpayment until the overpayment sum has been repaid by the recipient of the support payment. If any portion of the overpayment remains in the possession of the bureau, the bureau shall refund that portion of the overpayment. 16.2.a. Prior to issuing a refund to the obligor, the bureau employee assigned to the case shall attempt to contact the obligor to determine if he or she wishes to waive the return of the overpayment. If not waived, the funds shall be returned to the obligor within thirty days of the time that the obligee repays the bureau.16.3. If the bureau receives funds in excess of the amount due from the obligor and the funds were properly withheld, the bureau shall apply the properly withheld funds to any unpaid current support obligation and arrearage owed by the obligor in any of his or her cases. The bureau shall also retain an amount no greater than one month of the obligor's current support obligation in all cases, and shall hold that sum until the support for the next month shall become due. Any funds in excess of one month of the obligor's current support obligation shall be refunded to the obligor within thirty days of their receipt.16.4. An obligee who receives an overpayment or any other payment for which the obligee was not entitled to receive shall promptly return the sum of the overpayment to the bureau upon notice by the bureau that the amount received was in error.