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  1. #1
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    Feb 2015
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    Exclamation Collection of a Debt Owed to the State from Welfare Fraud

    My question involves collection proceedings in the State of: California

    My boyfriend owes the welfare department due to the mother scamming them while he was incarcerated--which they can't collect for any time a person had been in prison.
    Then that debt gained interest and has racked up quite a bill (approx. $60K +)over the years. He's the type of person that avoids situations. In addition, grieving the loss of said child, he never dealt with this. Nor did he have the means to do so (ie. getting a lawyer). He just began working two weeks ago, and has no bank account, assets, anything. We've deposited the first paycheck into my account. But we are concerned about what can the welfare department can legally do to my account/money, or me?

    Also, how should he go about getting this debt either significantly reduced or wiped away completely? If you need a little more detail to properly give an accurate answer or advice please say so.

    Any REAL advice would be much appreciated.

  2. #2
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    Default Re: Boyfriend Owes Welfare Department for an Ex Committing Fraud While in He Was Pris

    What makes you think being in prison give someone a free ride from child support? It just keeps adding up along with the interest. His child did not stop eating just because he was being fed by the state. The first place the state will look to redeem some of their lost money is overdue child support which should have been providing for the kid when they were. Once they determine he is working, they will expect him to start paying both the current amount plus a portion of the arrears. If he starts playing hide the paycheck, they will haul him into court on contempt charges and the judge will likely give him one chance to start paying before he decides to jail him for contempt. If he owed the arrears to the other parent, they could elect to forgive all or part of it. The state however will not forgive what they are owed. He should contact CS enforcement immediately and work out a schedule they agree with.

  3. #3
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    Default Re: Boyfriend Owes Welfare Department for an Ex Committing Fraud While in He Was Pris

    Even if he can prove that the now deceased mother was filing fraudulent claims? And it's not for child support, but for Welfare checks. And yes his child did stop eating when the mother and child died from a fatal car accident while he still was in prison.

  4. #4
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    Default Re: Boyfriend Owes Welfare Department for an Ex Committing Fraud While in He Was Pris

    Please do not keep adding details. If there is any more you left out, please tell us in your next post. From a legal standpoint, his support order should have stopped upon the death of the child, however, he did not file to have it stopped for what the court would likely consider a valid reason, him being locked up. He will need to get a lawyer to get this sorted out and will owe support and interest until the point his child passed. Please pass along our sympathies. I can imagine this is somewhat like rubbing salt into an open wound for him. I understand, having had one of my sons die young also. He might try calling the state bar, explaining his situation and asking for the number for any lawyers that might take his case pro bono to help bring closure.

  5. #5
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    Default Re: Boyfriend Owes Welfare Department for an Ex Committing Fraud While in He Was Pris

    Quote Quoting Anonimuss
    But we are concerned about what can the welfare department can legally do to my account/money, or me?
    Hiding his money in your account could result in your account being targeted.
    Quote Quoting Anonimuss
    Also, how should he go about getting this debt either significantly reduced or wiped away completely?
    As we have no relevant facts beyond that there was some form of welfare fraud involving the boyfriend's child, that he blames the issue on the mother, and that he has chosen not to dispute any portion of the debt for some number of years, that's not something we can answer. He can contact the state agency at issue to discuss his options, assuming he has not delayed taking action so long that he is no longer able to do so.
    Quote Quoting Anonimuss
    View Post
    Even if he can prove that the now deceased mother was filing fraudulent claims?
    The state apparently already knows that the claims were fraudulent, which is why they are seeking to recover the money. (If this is a child support assessment owed to the state, with the state being unaware of any fraud, your boyfriend is likely stuck with the debt -- but you've told us that it's not such an assessment.) If your boyfriend has proof that he had absolutely nothing to do with the welfare fraud, did not receive any of the money, and was incarcerated throughout the period during which the mother committed welfare fraud, it is odd that he has chosen not to bring any of that to the attention of the state agency seeking to recover the money.
    Quote Quoting Disagreeable
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    From a legal standpoint, his support order should have stopped upon the death of the child....
    As you are suggesting, it is normal for the state to try to recover the money it pays to support a child from the non-custodial parent. It is thus possible for a father who isn't supporting his child to accrue support arrears, owed to the state, for a period of time during which the child is receiving public assistance.

    We have been told that the debt at issue is not from child support, but is due to welfare fraud. You may be correct in your inference that dad is not being charged directly for the welfare fraud, but is instead being assessed child support arrears for the time the state supported his child. It's an important distinction, as if the assessment relates to a fraud investigation dad may be able to get the amount revisited based upon his proving that he had no involvement in the fraud, but if it's child support odds are he's stuck with his arrears.

  6. #6
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    Default Re: Collection of a Debt Owed to the State from Welfare Fraud

    I'm sorry if I did not do a good job of expressing that Mr. K, I thought I had. Thank you for revisiting the issue when you felt it was not clear.

  7. #7
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    Default Re: Collection of a Debt Owed to the State from Welfare Fraud

    I thought you and Anonimuss were talking past each other -- but you may be correct in your interpretation.

  8. #8
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    Default Re: Boyfriend Owes Welfare Department for an Ex Committing Fraud While in He Was Pris

    Quote Quoting Anonimuss
    View Post
    Even if he can prove that the now deceased mother was filing fraudulent claims? And it's not for child support, but for Welfare checks. And yes his child did stop eating when the mother and child died from a fatal car accident while he still was in prison.
    Welfare checks are CHILD SUPPORT.

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