Child support arrears and welfare

[alexapet85]

Virginia

My ex filed for welfare and foodstamps, plus a child support garnisment, while still living with me and i was supporting her and her kids. She claimed to be living with her parents. My paycheck was garnished for arrears as a result. This was happening while we were together (I let her handle my money and bills). When I found out, she went down to the Division of Child Support Enforcement and had them stop the garnishments. That was a few years ago. She lived with me for a long time and then moved out with our daughter. Then we had an agreement after that and I paid support directly to her until a few months ago when she went back and filed again after getting mad at me because I wouldnt date her again. Now they are garnishing for arrears from the first filing and now and it has to do with her filing for welfare in the first place. Isnt this illegal? Isnt it fraud to file for welfare when you live with the parent of your child? Why should I have to pay this when she shouldnt have filed for welfare in the first place? i have always taken good care of my daughter so I do not understand this.What is the name of your state (only U.S. law)?

[WittyUserName]

Virginia

My ex filed for welfare and foodstamps, plus a child support garnisment, while still living with me and i was supporting her and her kids. She claimed to be living with her parents. My paycheck was garnished for arrears as a result. This was happening while we were together (I let her handle my money and bills). When I found out, she went down to the Division of Child Support Enforcement and had them stop the garnishments. That was a few years ago. She lived with me for a long time and then moved out with our daughter. Then we had an agreement after that and I paid support directly to her until a few months ago when she went back and filed again after getting mad at me because I wouldnt date her again. Now they are garnishing for arrears from the first filing and now and it has to do with her filing for welfare in the first place. Isnt this illegal? Isnt it fraud to file for welfare when you live with the parent of your child? Why should I have to pay this when she shouldnt have filed for welfare in the first place? i have always taken good care of my daughter so I do not understand this.What is the name of your state (only U.S. law)?

No, it's not illegal for the State to come after you for the money they paid to support your child. It might be fraudulent for Mom to have gotten the benefits in the first place, but the time to deal with that was several years ago when it happened.

This is why it's never a good idea to pay the other person directly. The CSEA, if nothing else, will provide third party verification of all monies paid.
ETA: Letting Mom handle all the money and bills was not so hot an idea either....

[nextwife]

I'm thinking that if Dad can prove the children lived with him at his address, and mom is swearing she lived elsewhere, he should get an attorney and fight to have HER be the one to pay back the state.

She'd be stating she lived somewhere different than where the kids were living, making dad the CP.

[WittyUserName]

I'm thinking that if Dad can prove the children lived with him at his address, and mom is swearing she lived elsewhere, he should get an attorney and fight to have HER be the one to pay back the state.

She'd be stating she lived somewhere different than where the kids were living, making dad the CP.

I dunno - he said she stopped the garnishments, but didn't stop taking the cash assistance. Is it possible Dad was fine with benefiting from the money (even if he didn't know - he chose to let her handle all the bills) but is now balking now that he has to repay that money?

I think Dad's confused on what's illegal vs what's fair. Him getting stuck with all the TANF repayment isn't illegal. It may not be fair, either, but that's a different issue.

[nextwife]

I dunno - he said she stopped the garnishments, but didn't stop taking the cash assistance. Is it possible Dad was fine with benefiting from the money (even if he didn't know - he chose to let her handle all the bills) but is now balking now that he has to repay that money?

I think Dad's confused on what's illegal vs what's fair. Him getting stuck with all the TANF repayment isn't illegal. It may not be fair, either, but that's a different issue.

I don't know either. I'd sure get an attorney. If he CAN prove the kids were residing at his address, and she is sweraing she lived elsewhere, wouldn't that make her the NCP, and the duty to repay hers?

[Proserpina]

I dunno - he said she stopped the garnishments, but didn't stop taking the cash assistance. Is it possible Dad was fine with benefiting from the money (even if he didn't know - he chose to let her handle all the bills) but is now balking now that he has to repay that money?

I think Dad's confused on what's illegal vs what's fair. Him getting stuck with all the TANF repayment isn't illegal. It may not be fair, either, but that's a different issue.

I'm thinking that's how the State will see it....