How to Get a Court to Nullify Back Child Support

[llworking]

But the children weren't living with you, they were living with him. You will have an overpayment in food stamps for the months that they lived with.him. You will either have to pay the food stamps back or they will deduct a percentage from your monthly allolment. You will.be ineligible for a few months for food stamps because you didn't report that they aren't living with you.

This situation is more than a bit outside of the norm. It was really more like a "nesting" situation, where the children live in one home, and the parents share the children there. Therefore, I am not at all sure that you are correct in your assessment that food stamps were overpaid. Also, she was not working and therefore would have qualified for food stamps all on her own. While the amounts would likely have been different, there is no way to tell just how different. The original amount she was awarded would have been based on her having child support from him and possibly some income, where the amount she alone would have been awarded would have been based on no income at all.

[Mercy&Grace]

She agreed to report when there were any household changes. Showing too much income isn't the same as the children moving out. If the child support arrears are forgiven the food stamp office will find out and see that the children didn't live there. Chances are he might not be eligible for food stamps with the children there, or maybe he would be but if he was it wouldn't be as much as she is receiving.

It isn't up to food stamp recipients to determine on their own how much they should receive in food stamps.

[llworking]

She agreed to report when there were any household changes. Showing too much income isn't the same as the children moving out. If the child support arrears are forgiven the food stamp office will find out and see that the children didn't live there. Chances are he might not be eligible for food stamps with the children there, or maybe he would be but if he was it wouldn't be as much as she is receiving.

It isn't up to food stamp recipients to determine on their own how much they should receive in food stamps.

You missed my point entirely. You are focusing on your assumption that mom had no physical custody because the children slept at dad's house. I am disagreeing with you. In my opinion they had a nesting situation. Mom clearly provided more of their actual care than dad did.
5 days a week the only time dad spent with them (awake at least) was to get them ready for school. Mom provided all of their care. On Saturdays mom provided the bulk of their care, and Sunday was the only day that was solely dad's responsibility. Yes, they slept at dad's house, but mom was there with them MOST of the time.

[Mercy&Grace]

I thought the reason for them llving at dads was because mom couldn't care for them due to health issues. But, it does seem like she was caring for them the majority of the time. But, it is up to a her Eligibility Worker to.determine is an overpayment occurred. It is Not.up to the recipient to decide what applies and what doesn't
You make it sound like where the children live doesn't matter as long as mom is there most of the time. That could led to others that read this thread to not report when the children live at another house because mom is there most of the time, which is not
correct.

OP won't report anything because she believes others will agree with the way she views it. When food stamps does find out about it and they make their determination on laws and policy, maybe she will cone back and let us know.

[llworking]

I thought the reason for them llving at dads was because mom couldn't care for them due to health issues. But, it does seem like she was caring for them the majority of the time. But, it is up to a her Eligibility Worker to.determine is an overpayment occurred. It is Not.up to the recipient to decide what applies and what doesn't
You make it sound like where the children live doesn't matter as long as mom is there most of the time. That could led to others that read this thread to not report when the children live at another house because mom is there most of the time, which is not
correct.

OP won't report anything because she believes others will agree with the way she views it. When food stamps does find out about it and they make their determination on laws and policy, maybe she will cone back and let us know.

I am never going to agree with you on this one. You clearly do not grasp the concept of "nesting". I agree that its up to her eligibility worker to determine if an overpayment occurred. However, it is also not up to us to tell her what to do either. An attorney would NOT advise her to do anything that you are insisting she must do.

[Mercy&Grace]

If there is an overpayment the longer she waits the more she will owe. An attorney may or may not advise her to do what she agreed to do. But if he advises her not to report it the fact that she was advised by an attorney will Not make any difference if overpayment is determined, she will still have to pay it back and she will be ineligible for several months, if this is her first offense.

[llworking]

If there is an overpayment the longer she waits the more she will owe. An attorney may or may not advise her to do what she agreed to do. But if he advises her not to report it the fact that she was advised by an attorney will Not make any difference if overpayment is determined, she will still have to pay it back and she will be ineligible for several months, if this is her first offense.

You are still insisting that she committed an offense. I completely disagree with you. I do not believe she has anything to report because I do not believe that she committed an offense.

[CourtClerk]

I am never going to agree with you on this one. You clearly do not grasp the concept of "nesting"

That's because in the public assistance world, there is no such concept. It is either one or the other and IIRC, you've never worked as a public assistance social worker, have you? She admitted FROM HER OWN MOUTH that she relinquished custody of the children to dad and she simply provided overnight care of the children so they would have someone to stay with them.

I love it when you try to put your words in someone else's mouth.

[Mr. Knowitall]

If the welfare agency becomes concerned that maybe the kids weren't with mom, mom can cross that bridge when she comes to it.

But it has no bearing on forgiveness of support. Mom can't forgive support dad owes to the state. Mom can go to court to forgive support that dad owes to her, or she can accept the support from dad (to clear his arrears) then give the money back to him.