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  1. #1
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    Default Can a Non-Custodial Parent Collect Welfare for a Child

    My question involves child support in the State of: CA

    Asking on behalf of a co-worker-- she and her ex have joint custody of their 9-year-old child. She is the custodial parent. The child is with her M-F afternoon and spends Friday to Sunday evening with the father. The father is apparently collecting welfare on behalf of the child. My co-worker was just notified that the state intends to file a case against her for child support because of the welfare payouts. She collects no child support from the father.

    My questions are: is this legal? How can the father collect for a child he doesn't have the majority of the time? Also, can the state really demand the custodial parent pay back that money?

    Thanks in advance for your help!

  2. #2
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    Default Re: Can a Non-Custodial Parent Collect Welfare for a Child?

    Either dad is entitled to the benefits or he is not. We are not in a position to assess that.

    When the state is helping to support your child, and you are in a position to afford to reimburse the state for the money it is spending to support your child, it's reasonable for the state to attempt to recoup part or all of that money from you.

  3. #3
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    Default Re: Can a Non-Custodial Parent Collect Welfare for a Child?

    I understand, but how can the non-custodial parent apply for aid? That's where it seems confusing.

  4. #4
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    Default Re: Can a Non-Custodial Parent Collect Welfare for a Child?

    They go to whatever agency offers the aid and complete an application.

  5. #5
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    Default Re: Can a Non-Custodial Parent Collect Welfare for a Child?

    Ah. I was under the impression that the custodial parent would be the only one who could claim welfare benefits for a child. So in essence, not only does she not get support from the NCP because he's on welfare, she has to pay him for the two and a half days the child resides with him?

  6. #6

    Default Re: Can a Non-Custodial Parent Collect Welfare for a Child?

    Has she ever formally ASKED for child support? How long ago? What was the outcome? Is the father capable of working and does he have a past history of being employed? If so, did she ask that an income be imputed to him?

    At a fundamental level, yes, a parent who has the child in their care for any amount of time, can seek support for the time they have the child. Dad shouldn't, however, be anticipating that he's going to get the full going rate as if he had the child full time, since mom obviously has the child for the majority of the time. The courts consider that visitation time between the child and the non-custodial parent is in the child's best interest, and wants to foster the continuance of that relationship with at least minimal levels of provision for the child. If dad can show the court that he's unable to feed, clothe, safely transport, and otherwise provide minimally for the child during that time, then that's why he may be entitled to a minimal support payment. In other words, the court doesn't want the child to have to shower in cold water, or eat nothing but ramen noodles while staying with dad - but the state ALSO isn't going to award dad some meaningful windfall when the child is with him less than half time.

  7. #7
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    Default Re: Can a Non-Custodial Parent Collect Welfare for a Child?

    ETA: The ex would not be receiving child support-- the DA is demanding it because the ncp is collecting welfare on behalf of the child.

    He was not working at the time of the divorce, so she didn't think to ask for support. He's remarried now and neither he or his current wife work. They both collect state assistance, along with what they get for my co-worker's child and the current wife's child. By the time co-worker learned about imputed income she was told that CSS couldn't collect off welfare.

    She found out about the welfare situation after her hours at work were cut. She went to apply for the child and was told the child was already receiving aid with her ex. She figured he got it by lying about the amount of custody he had and let it go. She's understandably upset now at having to pay back the state.

    I guess I'm just surprised that a non-custodial parent can use a child to collect more aid. He tried to claim him on his income tax too but the IRS shut that down quickly.

    Thanks for your response.

  8. #8
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    Default Re: Can a Non-Custodial Parent Collect Welfare for a Child?

    Quote Quoting marron
    View Post
    ETA: The ex would not be receiving child support-- the DA is demanding it because the ncp is collecting welfare on behalf of the child.

    He was not working at the time of the divorce, so she didn't think to ask for support. He's remarried now and neither he or his current wife work. They both collect state assistance, along with what they get for my co-worker's child and the current wife's child. By the time co-worker learned about imputed income she was told that CSS couldn't collect off welfare.

    She found out about the welfare situation after her hours at work were cut. She went to apply for the child and was told the child was already receiving aid with her ex. She figured he got it by lying about the amount of custody he had and let it go. She's understandably upset now at having to pay back the state.

    I guess I'm just surprised that a non-custodial parent can use a child to collect more aid. He tried to claim him on his income tax too but the IRS shut that down quickly.

    Thanks for your response.
    Your friend can surely bring this up with CS and explain the time dad has. Then it will fall on them to determine if he qualifies as the NCP. Could be that NCP lied on his welfare papers as to the amount of time he has the child, so bringing it up to them, will most likely have them making sure things are as they are.

  9. #9
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    Default Re: Can a Non-Custodial Parent Collect Welfare for a Child?

    Thanks gam! She's pretty freaked out, this helps to put her mind at ease.

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