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Child Support and Public Assistance

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Shawna

Member
What is the name of your state? Maryland

I know I will probably be bashed by a few of the fellow posters, but sometimes you have to do what you have to do.

I have been on public assistance since 06/2005 due to a car accident that fractured my neck while I was 6 months pregnant. The baby was born 08/08. After I was well enough I decided to go to school because before the accident I wasn't having any luck finding a decent paying job to support myself and my children. I am graduating from my 7 month progam in May. I filed for child support for my youngest son 2 weeks after his birth. It is an interstate child support case. I'm wondering how the state will do my child support with the father owing money for the time that I am on public assistance. I'm hoping that I will be off of the system no later than June.

My questions are:

How long will it take for me to get a court hearing?
Who will have jurisdiction My state or the NCP's state?
Will get their money back first and then give me my son's money once they are paid?

OR

Will they just take the back support and give me the ongoing support once the order is in place?


Thank you in advance for your LEGAL advice!
 


VeronicaGia

Senior Member
Shawna said:
What is the name of your state? Maryland


My questions are:

How long will it take for me to get a court hearing?
Who will have jurisdiction My state or the NCP's state?
Will get their money back first and then give me my son's money once they are paid?

OR

Will they just take the back support and give me the ongoing support once the order is in place?


Thank you in advance for your LEGAL advice!
1. How long it will take will depend on the case load of the court.

2. If your ex never resided in your state, it may have to go to his state.

3. Since you are still on welfare, the state will get all of it except a small amount that "passes through" to you. You cannot collect both welfare and child support, and the state wants their money back.

4. Once you are off welfare, you will collect the support and the ncp will be responsible for paying some amount determined by the courts for the arrears.
 

Shawna

Member
VeronicaGia said:
1. How long it will take will depend on the case load of the court.

2. If your ex never resided in your state, it may have to go to his state.

3. Since you are still on welfare, the state will get all of it except a small amount that "passes through" to you. You cannot collect both welfare and child support, and the state wants their money back.

4. Once you are off welfare, you will collect the support and the ncp will be responsible for paying some amount determined by the courts for the arrears.
I was under the impression that once I'm getting my child support that I wouldn't be eligible for TCA any longer because according to both child support calculators the child support amount is more than what I get from the state. Is this correct?
 

Ohiogal

Queen Bee
Shawna said:
I was under the impression that once I'm getting my child support that I wouldn't be eligible for TCA any longer because according to both child support calculators the child support amount is more than what I get from the state. Is this correct?
It is possible.
 
VeronicaGia said:
You cannot collect both welfare and child support, and the state wants their money back.
My ex is a college student and collects both welfare and child support, with no intervention. She gets ALL of the child support. For my ex, as long as she is enrolled in school, they don't intercept the child support...but last summer when she was not enrolled in summer courses, they took nearly ALL the child support, because she wasn't a student during that time. Two weeks later she was back in school and it all went back to normal.

I'm not very familiar with what "welfare" technically is... my ex receives food stamps, lives in section 8 housing, and has state healthcare insurance. Maybe what SHE is on is not considered "welfare"? If it's not, then I guess my response won't help you much...

I commend you for going back to work when you are able. The system is there to help people get back on their feet, and for you to not be abusing it shows true character. You have my respect for that.
 

ceara19

Senior Member
NCP Dad in TN said:
My ex is a college student and collects both welfare and child support, with no intervention. She gets ALL of the child support. For my ex, as long as she is enrolled in school, they don't intercept the child support...but last summer when she was not enrolled in summer courses, they took nearly ALL the child support, because she wasn't a student during that time. Two weeks later she was back in school and it all went back to normal.

I'm not very familiar with what "welfare" technically is... my ex receives food stamps, lives in section 8 housing, and has state healthcare insurance. Maybe what SHE is on is not considered "welfare"? If it's not, then I guess my response won't help you much...

I commend you for going back to work when you are able. The system is there to help people get back on their feet, and for you to not be abusing it shows true character. You have my respect for that.
Most states give cash welfare benefits priority when it comes to getting reimbursed by the NCP. As long as you are providing whatever the court ordered as far as medical support, the state will continue the healthcare coverage for the kids as a secondary insurance based on what MOM makes, if the NCP ISN'T providing the CO'd medical support, the state wants a portion of that money back also. (I went through the same thing when I was married with his ex.) The Food stamps were also not an issue with my ex's CS. The state explained that the benefits mom was getting were for mom and her 2 kids that were NOT my ex's. She didn't get housing so I have no idea how that works.
 

LdiJ

Senior Member
The whole things varies a bit from state to state.

Some states only consider TANF (the cash portion of benefits) in this kind of scenario. Food stamps and medicaid are separate in those states.

However, child support would be considered as part of the parent's income for qualifying for food stamps and medicaid in those states.

Example:

A friend of mine in MI receives full child support (the state takes nothing) but does receive food stamps and medicaid for her children, because she qualifies for that based on her income plus child support. Dad has no obligation to repay the state for anything because he is current with his child support.

However, should he stop paying, then mom would also be eligible for cash benefits (which would be less than the current child support) and then the he would be liable to the state for the amount of the cash benefits.
 

Ohiogal

Queen Bee
NCP Dad in TN said:
My ex is a college student and collects both welfare and child support, with no intervention. She gets ALL of the child support. For my ex, as long as she is enrolled in school, they don't intercept the child support...but last summer when she was not enrolled in summer courses, they took nearly ALL the child support, because she wasn't a student during that time. Two weeks later she was back in school and it all went back to normal.

I'm not very familiar with what "welfare" technically is... my ex receives food stamps, lives in section 8 housing, and has state healthcare insurance. Maybe what SHE is on is not considered "welfare"? If it's not, then I guess my response won't help you much...

I commend you for going back to work when you are able. The system is there to help people get back on their feet, and for you to not be abusing it shows true character. You have my respect for that.
In Ohio, obligees can receive CS from the obligor if they do not receive cash assistance -- even if they receive all the above.
 

Shawna

Member
NCP Dad in TN said:
I commend you for going back to work when you are able. The system is there to help people get back on their feet, and for you to not be abusing it shows true character. You have my respect for that.

Thank You!:) I am doing my best. Too bad the people in the welfare office don't see it that way. :(
 
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