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    salihac1's Avatar
    salihac1 Posts: 2, Reputation: 1
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    #1

    Sep 13, 2008, 03:10 PM
    Father paying back welfare
    I am a father that takes care of my child from the time she was born and my kid's mother has not put me on child support for that reason. But she does have 3 other children and was collecting welfare for all the kids including my daughter since she is the last one born. I live in Nj where there is a cap child law and although there were no additional money received for my child the state took my income tax totaling over $6,000 and said it was to cover money that my ex received for her other kids even before my daughter was born. Do you know if they are allowed to do this when my child only was getting the welfare for 2yrs which does not amount up to $6,000 and shouldn't the other kids father have to split the bill since all of our kids received this money. Please help me in this matter as this is my 8th month filing for appeal after appeal to get my money back. And since the judge has stated she doesn't know welfare laws to well one minute she rules in my favor and when the welfare agency appeals and rules in their favor. I am at my wits end and need to know what is the next step and where I can find these laws at I've looked all over and can't find the one for my case. PLEASE HELP A GOOD DAD!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 13, 2008, 03:19 PM
    Quote Originally Posted by salihac1
    I am a father that takes care of my child from the time she was born and my kid's mother has not put me on child support for that reason. But she does have 3 other children and was collecting welfare for all the kids including my daughter since she is the last one born. I live in Nj where there is a cap child law and although there were no additional money received for my child the state took my income tax totaling over $6,000 and said it was to cover money that my ex received for her other kids even before my daughter was born. Do you know if they are allowed to do this when my child only was getting the welfare for 2yrs which does not amount up to $6,000 and shouldnt the other kids father have to split the bill since all of our kids received this money. Please help me in this matter as this is my 8th month filing for appeal after appeal to get my money back. and since the judge has stated she doesnt know welfare laws to well one minute she rules in my favor and when the welfare agency appeals and rules in their favor. I am at my wits end and need to know what is the next step and where I can find these laws at I've looked all over and can't find the one for my case. PLEASE HELP A GOOD DAD!


    If this has been going on for 8 months, appeal after appeal, the Judge rules without knowing the law, Welfare sets the ruling aside, you need an Attorney who knows and understands the laws.

    Anything else without looking at the various documents is purely guessing.

    If I am correct - your ex received Welfare for 2 years while she was collecting support from you - support which was not ordered? So you are basically paying twice?

    Did she not take you to Court for support in order to collect from you and get Welfare?
    IndustryMommy's Avatar
    IndustryMommy Posts: 26, Reputation: 7
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    #3

    Sep 13, 2008, 03:24 PM
    1. You have to prove that you are not their father- the other kids (if it is established then you need to get that proof)
    2. If they do not credit back the amount used for other children, file a suit against the other fathers
    3. Obtain bank records to show that you financially supported your child.

    Get all of that stuff together along with a notorized statement from the mama, submit that to the courts and file a civil suit for the differences in amount against the welfare agency. I used to be in the army and the same thing happened to one of my soldiers, he sued welfare providing the DNA tests of the others kids not being his (available in public records at the court house) and got a check back within a month
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Sep 13, 2008, 03:37 PM
    Quote Originally Posted by IndustryMommy
    1. you have to prove that you are not their father- the other kids (if it is established then you need to get that proof)
    2. If they do not credit back the amount used for other children, file a suit against the other fathers
    3. Obtain bank records to show that you financially supported your child.

    Get all of that stuff together along with a notorized statement from the mama, submit that to the courts and file a civil suit for the differences in amount against the welfare agency. I used to be in the army and the exact same thing happend to one of my soldiers, he sued welfare providing the DNA tests of the others kids not being his (available in public records at the court house) and got a check back within a month


    OP can't file a civil suit against Welfare right now - the matter is already in the Court and the Court will not entertain the same matter twice in two different cases.

    He certainly can request DNA testing concerning the two other children as part of his defense but the return of his money will be covered in this first case.

    I think that's what this open case is all about - the return of his money.
    IndustryMommy's Avatar
    IndustryMommy Posts: 26, Reputation: 7
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    #5

    Sep 13, 2008, 03:42 PM
    Gotcha. I always forget PA is a commonwealth and has different laws
    salihac1's Avatar
    salihac1 Posts: 2, Reputation: 1
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    #6

    Sep 13, 2008, 04:23 PM
    Yes this case is basically about me getting my money back. The other kids fathers are in their lives Im just the only one paying back this money since Im the only one with a job. I just need to know is there anyway I will have to pay back all the money instead of a portion broken down between the other 2 fathers and myself. That I don't have a problem with but what law would make a father take responsibility for all these kids just because they're under one household receiving welfare or the same mother!
    monzi's Avatar
    monzi Posts: 3, Reputation: 1
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    #7

    Sep 13, 2008, 04:49 PM
    Get in touch with the local child welfare department find out when the mother started receiving welfare for your child. And also u may have to report her for welfare fraud
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #8

    Sep 14, 2008, 04:57 PM
    Quote Originally Posted by IndustryMommy
    1. you have to prove that you are not their father- the other kids (if it is established then you need to get that proof)
    2. If they do not credit back the amount used for other children, file a suit against the other fathers
    3. Obtain bank records to show that you financially supported your child.

    Get all of that stuff together along with a notorized statement from the mama, submit that to the courts and file a civil suit for the differences in amount against the welfare agency. I used to be in the army and the exact same thing happend to one of my soldiers, he sued welfare providing the DNA tests of the others kids not being his (available in public records at the court house) and got a check back within a month
    The OP isn't entitled to sue the other father/s because they aren't a party to the taking of the money. That's up to the welfare dept not the dependents parents. Also bank records don't actually show anything when it comes to paying support unless its in the form of canceled checks. Anything else doesn't matter because its of no value. Op needs a difinitive outcome from the welfare system so he can move on to other motions.

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