DCSS to amend current court order due to information provided by custodial parent

[DavidHansel2013]

What is the name of your state (CA)?

I currently am awaiting a court date on May 29, 2014 regarding DCSS wanting to amend to the current court order for child support which is $0.00 to anywhere from $560.00 to $583.00 max. The only thing is the only reason they are attempting to do this is due to information provided by the Custodial Parent that is nothing but lies. I am a farther of 2 kids, one 6 year old boy and one 3 year deaf girl. I work my but off in order to provide for them and have been in there life since birth.

I wanted to know my options and possibly outcome in court. I have not hidden any thing from the courts or DCSS. I have had a court order for child support a total of three times now. All three times the case has been closed due to not collecting anything. The only reason this was even started is because the mother decides to be on welfare instead of getting a job. Also, I might add that we currently reside together. Myself, the mother, & our 2 kids and I do help support the house, as well as provide the only means of transportation.

Any advice, legal help, personal stories (good or bad) would be appreciated.

 

[Ohiogal]

What is the name of your state (CA)?

I currently am awaiting a court date on May 29, 2014 regarding DCSS wanting to amend to the current court order for child support which is $0.00 to anywhere from $560.00 to $583.00 max. The only thing is the only reason they are attempting to do this is due to information provided by the Custodial Parent that is nothing but lies. I am a farther of 2 kids, one 6 year old boy and one 3 year deaf girl. I work my but off in order to provide for them and have been in there life since birth.

I wanted to know my options and possibly outcome in court. I have not hidden any thing from the courts or DCSS. I have had a court order for child support a total of three times now. All three times the case has been closed due to not collecting anything. The only reason this was even started is because the mother decides to be on welfare instead of getting a job. Also, I might add that we currently reside together. Myself, the mother, & our 2 kids and I do help support the house, as well as provide the only means of transportation.

Any advice, legal help, personal stories (good or bad) would be appreciated.

Apparently mom has not listed your income on the welfare application. Therefore, she is most likely committing fraud. And if you are benefiting from it, you are also in trouble. Make sure DCSS has your information listed on the welfare application.

 

[DavidHansel2013]

What is the name of your state (CA)?

I currently am awaiting a court date on May 29, 2014 regarding DCSS wanting to amend to the current court order for child support which is $0.00 to anywhere from $560.00 to $583.00 max. The only thing is the only reason they are attempting to do this is due to information provided by the Custodial Parent that is nothing but lies. I am a farther of 2 kids, one 6 year old boy and one 3 year deaf girl. I work my but off in order to provide for them and have been in there life since birth.

I wanted to know my options and possibly outcome in court. I have not hidden any thing from the courts or DCSS. I have had a court order for child support a total of three times now. All three times the case has been closed due to not collecting anything. The only reason this was even started is because the mother decides to be on welfare instead of getting a job. Also, I might add that we currently reside together. Myself, the mother, & our 2 kids and I do help support the house, as well as provide the only means of transportation.

Any advice, legal help, personal stories (good or bad) would be appreciated.

The mother reported the court that she lost her job, that I made $2,000.00 a month, that shes paying for a car note of $343.00 a month, and that I only spend 2 hours a weekend with my kids, in addition she claims I only spend 10% of my time with my kids and she spends 90% of her time with the kids. She lost her job through no fault of her own and it was only part time work, she doesn't even have a car nor has she had one for a while now, i don't make $2,000.00 a month, and how can she stipulate I only spend 2 hours a weekend with my kids when we reside under the same roof?

 

[DavidHansel2013]

Apparently mom has not listed your income on the welfare application. Therefore, she is most likely committing fraud. And if you are benefiting from it, you are also in trouble. Make sure DCSS has your information listed on the welfare application.

With all do respect I understand what you are saying but I can not physically force her to get off of welfare nor can I report anything on her case because I am not on it or apart of it. So what she fails to report is her responsibility, right?

 

[Ohiogal]

With all do respect I understand what you are saying but I can not physically force her to get off of welfare nor can I report anything on her case because I am not on it or apart of it. So what she fails to report is her responsibility, right?

Nope. Because you are benefiting from it as you live under the same roof. Do you sleep with her? Do you share food? A bed? Time for you to go court, sue for custody/visitation and kick her out if you are not benefiting and want it to be her responsibility. You know she is lying so to do nothing you are supporting her lies.

 

[Pinkie39]

With all do respect I understand what you are saying but I can not physically force her to get off of welfare nor can I report anything on her case because I am not on it or apart of it. So what she fails to report is her responsibility, right?

Anybody can report fraud or suspected fraud on a public assistance case. Now, whether it will actually be investigated or not is another story.

 

[tuffbrk]

You need to advise that you all reside in the same home and that you can show proof of your support of the household. If you don't, you will be held responsible for any fraud in addition to her. Please note that you are part of her case as she listed you and attached a salary amount to you. I'm a little taken aback that it has gone as far as a court date. Didn't you receive a notice requesting confirmation of your salary and employer? All of that information would need to be validated prior to making orders.

 

[Ladyback1]

With all do respect I understand what you are saying but I can not physically force her to get off of welfare nor can I report anything on her case because I am not on it or apart of it. So what she fails to report is her responsibility, right?

ummmm....if you know her application information is fraudulent then you have a duty/obligation to report that whatever state agency that governs "welfare". Otherwise, you are just as guilty as she is.

If she is receiving TANF benefits, and the two of you live together, you are benefiting from the benefits she receives.
If she is receiving SNAP benefits, and you eat the food bought with SNAP, you are benefiting from the benefits she receives.

Fraud charges hinge on "intent". Did she lie on the application with the intent of gaining benefits? Are you complicit in the lies, and the benefits ultimately help you?

This is not all on her! You have responsibility in this as well.

 

[DavidHansel2013]

Thank you guys/girls for all the responses, I truly do appreciate them a lot.

With regards to everybody's replies, here is some clarification:

1) I have worked since the day I turned 18 and have never stopped working.
2) I have been apart of both my son and my daughters life since birth, including supporting them.
3) I am aware of the fact that she has received TANF and SNAP, which I have reported her welfare fraud to the DA Hotline, but to my knowledge nothing has come of it because she has still received her benefits to date
4) The original court order was granted back in 2011, but remained in zero enforcement up in till march of this year when the mother provided the information about me to dcss, in return dcss is asking the court to amend the original court order solely based off of the information that she provided. So my court date on the 29th of this month is my time to stand up for myself.

They want an income and expense declaration form, plus a response to governmental notice of motion or order to show cause form, plus a proff of service form. I am also providing them my last 2 months worth of pay check stubs, in addition to my w2 from last year.

Essentially, dcss is attempting to change the court order based off of the information as follows:
1) I make $2,000.00 a month
2) I spend 10% of the time with the kids when she spends 90% of the time with the kids
3) she claims I only spend a lousy 2 hours on the weekend with my kids

All of the information she stipulated on the paperwork is false and incorrect.

Any ideas, help, thoughts, questions, or suggestions would be appreciate.

 

[Ohiogal]

Thank you guys/girls for all the responses, I truly do appreciate them a lot.

With regards to everybody's replies, here is some clarification:

1) I have worked since the day I turned 18 and have never stopped working.
2) I have been apart of both my son and my daughters life since birth, including supporting them.
3) I am aware of the fact that she has received TANF and SNAP, which I have reported her welfare fraud to the DA Hotline, but to my knowledge nothing has come of it because she has still received her benefits to date
4) The original court order was granted back in 2011, but remained in zero enforcement up in till march of this year when the mother provided the information about me to dcss, in return dcss is asking the court to amend the original court order solely based off of the information that she provided. So my court date on the 29th of this month is my time to stand up for myself.

They want an income and expense declaration form, plus a response to governmental notice of motion or order to show cause form, plus a proff of service form. I am also providing them my last 2 months worth of pay check stubs, in addition to my w2 from last year.

Essentially, dcss is attempting to change the court order based off of the information as follows:
1) I make $2,000.00 a month
2) I spend 10% of the time with the kids when she spends 90% of the time with the kids
3) she claims I only spend a lousy 2 hours on the weekend with my kids

All of the information she stipulated on the paperwork is false and incorrect.

Any ideas, help, thoughts, questions, or suggestions would be appreciate.

I told you already --

Time for you to go court, sue for custody/visitation and kick her out if you are not benefiting and want it to be her responsibility. You know she is lying so to do nothing you are supporting her lies.

Oh and more importantly QUIT SLEEPING WITH HER. Have you told her to leave? Have you told her you are not together? Have you told her to get out? What have you done since you first posted?

 

[DavidHansel2013]

I told you already --



Oh and more importantly QUIT SLEEPING WITH HER. Have you told her to leave? Have you told her you are not together? Have you told her to get out? What have you done since you first posted?

If only it was that easy. Neither of us have any where else to go and neither do the kids. We just moved in to our new place April 1st of this year. So no I cant just tell her to up and leave because shes on the lease and I aint. Long story short she was with an abusive convict and has since recently moved on and we are trying to work through our problems. I do get mail there as well as have keys to the doors. I also can show that I pay rent and bills at the new house.

Also I have started to keep detailed records as far as where my money goes and what it is spent on. In addition, I have filled out all the paperwork that the court wants me to in addition to including the proof of income

 

[Eekamouse]

When did she and the abusive convict break up?

 

[Ohiogal]

If only it was that easy. Neither of us have any where else to go and neither do the kids. We just moved in to our new place April 1st of this year. So no I cant just tell her to up and leave because shes on the lease and I aint. Long story short she was with an abusive convict and has since recently moved on and we are trying to work through our problems. I do get mail there as well as have keys to the doors. I also can show that I pay rent and bills at the new house.

Also I have started to keep detailed records as far as where my money goes and what it is spent on. In addition, I have filled out all the paperwork that the court wants me to in addition to including the proof of income

Then you are complicit and your inaction is a problem. You are allowing the fraud to continue. If you are working, you could leave. You do not want to leave. You want to continue on with the way things are. You "aint" on the lease and therefore you could move. You don't have to continue having sex with her or profiting from her fraud. Expect that if you argue that you are supporting her, both of you could face issues due to the fraud that you have both been complicit with. So how long has she been getting TANF and food stamps? Long enough that it would be a felony -- long enough that she has received enough that it could be considered grand theft? Theft by deception? How will both of you deal if you are charged criminally for this?

 

[CJane]

So I just went through the "FNS SNAP Eligibility tool" for California, using a household of 4, guessing at the ages of the adults, and using the $2000/month income Mom has listed for Dad. And it says I'd "Probably qualify" for benefits.

So perhaps there's no fraud at all. Everyone has assumed that the family unit wouldn't be eligible, but we don't KNOW that.

Also, I missed it the first couple of times I read the thread, but the youngest child is deaf. Having a disabled household member might change things. Does the daughter receive SSI benefits? Have they been applied for? What special services does the child receive (Headstart, ASL training, etc)?

 

[LdiJ]

So I just went through the "FNS SNAP Eligibility tool" for California, using a household of 4, guessing at the ages of the adults, and using the $2000/month income Mom has listed for Dad. And it says I'd "Probably qualify" for benefits.

So perhaps there's no fraud at all. Everyone has assumed that the family unit wouldn't be eligible, but we don't KNOW that.

Also, I missed it the first couple of times I read the thread, but the youngest child is deaf. Having a disabled household member might change things. Does the daughter receive SSI benefits? Have they been applied for? What special services does the child receive (Headstart, ASL training, etc)?

I thought I read that the younger child was receiving "disability benefits" somewhere in the thread but now I cannot find it.