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Calworks and Child Support

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adviceseeker12

Junior Member
What is the name of your state? California

Recently, the non-custodial parent went to unpaid employment related training, resulting in a gap in child support. The local child support agency is telling me to go through Calworks and start receiving Cash-Aid. My spousal and child support added together is about 15% more than Cash-Aid and Food Stamps combined, and the Social Service workers tell me that the county keeps 'the rest'.

How does this work? If the non-custodial parent pays the correct amount, where does the other money go? Is there a better way to have something to fall back on if the non-custodial parent does not pay?
 


CourtClerk

Senior Member
If my days and memories at DPSS serve me correct, you wouldn't even qualify for CalWorks because the amount of money coming into the household would exceed the monthly benefit amount. So whoever told you to go on CalWorks at DCSS was (IMO) an idiot.

To answer your question though, IF they were to give you a benefit... the extra money would go back to the county to pay us back for supporting you.
 

adviceseeker12

Junior Member
I am actually attending college in an attempt to be gainfully employed.

After an appointment, I do qualify for calworks / cashaid / food stamps, and the state will collect the spousal and child support. The way the information documents read, the amount that the county receives from the non-custodial parent goes to pay the cash aid and food stamps, which makes absolute sense, what I didn't understand was where the extra money goes. (The approximate cumulative benefit for Cash-Aid / Food stamps is $1000, the total support amount monthly is $1275, so where does the other $275 go?)

Also, if the non-custodial parent is paying the child support, which is slightly greater than the cash aid, does it count towards the 60 month rule of cash-aid?

I am not trying to double dip in any way, but if it is a dollar for dollar detriment to change the child support to be through Calworks, I want to make sure I know that before I do it.
 

adviceseeker12

Junior Member
The catch 22 is a bit complicated with getting a job... I have two children, and was a stay at home mom, on our divorce the kids (1 and 4) were 100% awarded to me, and the state made me eligible to go to school for free. By doing this, they put my 4 year old in pre school and my extended family helps with the 1 year old.

If I get a job, I lose both the free school and the free preschool, and the chance of actually getting out of this hole. So, I have to be without a job while I go to school.
 

CourtClerk

Senior Member
The catch 22 is a bit complicated with getting a job... I have two children, and was a stay at home mom, on our divorce the kids (1 and 4) were 100% awarded to me, and the state made me eligible to go to school for free. By doing this, they put my 4 year old in pre school and my extended family helps with the 1 year old.

If I get a job, I lose both the free school and the free preschool, and the chance of actually getting out of this hole. So, I have to be without a job while I go to school.
You are forgetting that with the Cash Aid and Food Stamps comes absolutely free medical care... which you will also be getting and no doubt, using. You will receive a $50 disregard for every month that they collect funds. The rest of the money... all of the money goes back to us for supporting you.

There is absolutely NO catch 22, you will not automatically lose your free preschool. There is a transitional program that all welfare to work participants are eligible for. You've got at least 3 years (or until Arnold gets smart and cuts it) of child care at a reduced rate. You'll pay some based on your income, the county and the state will pick up the rest. This I KNOW is still in existance... and you can make a pretty good chunk of change before they cut you off for good. This goes with your transitional medi-cal also.
 

adviceseeker12

Junior Member
OK Wait, this has sidetracked...

The point was, I am trying to figure out which I should do, should I go through the county and forfeit my child and spousal support for a lesser but guaranteed payment?

If I do so, I start on CalWorks, and my 60 months count down. What happens after those 60 months if the non custodial parent doesn't pay? I was advised by the county that I should go through Calworks to ensure payment, and that Calworks would then keep track of the child support payments and take appropriate action against the non-custodial parent if he did not pay.

There has to be a better way... The only way to ensure that I get child support is by coming under welfare?
 

CourtClerk

Senior Member
Going on welfare does NOT ensure payment of child support. It ensures that you are on welfare and someone else is going to basically dictate your life as long as you are letting someone else be responsible for supporting you. Nothing more, nothing less.

If your ex is not paying or is spotty on paying his support when you aren't on welfare, there is nothing that will be done to him to make his payment record any better. All you will be doing is giving the money to the county.
 

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