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motherof3 · Nov 9, 2007, 12:10 PM

Hello, my fiancé has a child support order, when he was with his sons mother she was receiving welfare without his knowledge while he was working and supporting her and his son. Eventually she took him for child support after they broke up and got a court order. Now he owes so much back support to the state (interest, penelaties, etc), I was wondering how they determine who pays back the welfare system, he was working she wasn't. (she has admitted this to him because she thinks it's funny that he has to pay it back because they do not get along now)

JudyKayTee · Nov 9, 2007, 12:20 PM

Originally Posted by motherof3

Hello, my fiance has a child support order, when he was with his sons mother she was receiving welfare without his knowledge while he was working and supporting her and his son. Eventually she took him for child support after they broke up and got a court order. Now he owes so much back support to the state (interest, penelaties, etc), I was wondering how they determine who pays back the welfare system, he was working she wasn't. (she has admitted this to him because she thinks it's funny that he has to pay it back because they do not get along now)

I'm a little confused here - if she received the money under most circumstances she must pay it back. I've heard of both parties (mother and working father) criminally charged with fraud if they both were part of a scam to collect welfare and not report income and perhaps under those circumstances he is also responsible for paying back the benefits.

If they lived together I think he would be very hard pressed to make a convincing argument that he did not know she was collecting benefits.

Is the order for ongoing support or is the order to reimburse Welfare or a combination of both? She would obtain the child support order but the State would obtain the order to pay back the benefits - not the same hearing.

motherof3 · Nov 9, 2007, 01:19 PM

Originally Posted by JudyKayTee

I'm a little confused here - if she received the money under most circumstances she must pay it back. I've heard of both parties (mother and working father) criminally charged with fraud if they both were part of a scam to collect welfare and not report income and perhaps under those circumstances he is also responsible for paying back the benefits.

If they lived together I think he would be very hard pressed to make a convincing argument that he did not know she was collecting benefits.

Is the order for ongoing support or is the order to reimburse Welfare or a combination of both? She would obtain the child support order but the State would obtain the order to pay back the benefits - not the same hearing.

They did not live together but were still a couple, He supported his son as well as her because she did not have a job, she lived with her mother (she was only 16 at the time). The order is an ongoing support but the balance he owes reflects what he owes the state. He was doing his job in supporting his son, but now he has to pay the state back for the welfare she received. I know a lot of people have to resort to welfare because of an absent parent but this case is not fair, why does he owe the money and not her she received it.

ScottGem · Nov 9, 2007, 01:30 PM

When someone applies for public assistance the agency will want to chacek if there are any other sources of income. A parent not paying child support would be a potential source. The question here is whether she received the money under false pretences. If she did not list the support she was receiving from him in applying for public assistance, than she committed fraud.

He needs to go back to the courts and document the support he has paid her. If he can show she received the assistance due to fraud, then they will come after her for reimbursement.

motherof3 · Nov 9, 2007, 01:52 PM

Originally Posted by ScottGem

When someone applies for public assistance the agency will want to chacek if there are any other sources of income. A parent not paying child support would be a potential source. The question here is whether she received the money under false pretences. If she did not list the support she was receiving from him in applying for public assistance, than she committed fraud.

He needs to go back to the courts and document the support he has paid her. If he can show she received the assistance due to fraud, then they will come after her for reimbursement.

It has actually been 10 years now, So I know they would never know the amount or where they could even get proof, I just want to know how they decided he had to pay back.

JudyKayTee · Nov 9, 2007, 02:22 PM

Originally Posted by motherof3

It has actually been 10 years now, So I know they would never know the amount or where they could even get proof, I just want to know how they decided he had to pay back.

Of course the State has records that go back 10 years! As far as why he is being asked to pay back the money she received - you'll have to ask the State. He had to have been served with papers at some point; what do they say?

Assuming the facts are he was supporting her and the child (and I'm not talking handing her a few dollars here and there) and she collected Welfare and he had no knowledge - I have no explanation. I'm amazed that the State never looked to him to support the child at the time she was receiving the benefits.

Are you sure a piece of the puzzle isn't missing?

Bytchy101 · Nov 10, 2007, 12:01 PM

Originally Posted by motherof3

Hello, my fiance has a child support order, when he was with his sons mother she was receiving welfare without his knowledge while he was working and supporting her and his son. Eventually she took him for child support after they broke up and got a court order. Now he owes so much back support to the state (interest, penelaties, etc), I was wondering how they determine who pays back the welfare system, he was working she wasn't. (she has admitted this to him because she thinks it's funny that he has to pay it back because they do not get along now)

The welfare system is allowed to do that I have been there and it depends on how long she has been get CA and when you apply for CA or FS you have to file child support on the child's non custodial parent believe I have been there.. but my CS case was already instated.. so for ever how long she was receiving it that's how much he has to pay back and or until she is done collecting CA and or FS

s_cianci · Nov 10, 2007, 05:54 PM

Generally the father pays back the welfare system. Has he been proven to be the father of the child in question? If not he should get an adjudication of paternity before he agrees to pay anything to anybody. He should also try to provide documentation indicating the time during which he was supporting her and the child while she was collecting welfare. He'll have to convince the court that she was collecting it without his knowledge. Then he should ask that no additional support be paid to her until welfare has been reimbursed. This should result in a certain amount of payments due her from him being suspended and should prevent her from any further "double-dipping".