Public Assistance?

[Patrick2013]

What is the name of your state (only U.S. law)? CO

I have majority custody of my son with 4 nights a week, his schooling address is listed as mine. Currently I pay $320 in child support to his mom a month. (Just some background info)

She had another son and her mother took custody of him early on, just signed the rights over from my understanding. She just found out that her mom was on public assistance and that the state is coming for child support. His mom doesn't make the most and this will likely force her to seek some type of public assistance.

My questions are;

1) Is she eligible to claim him to get on PA since I am the majority parent?
2) If so, this means the state is going to come after me next right?
3) Any guess on how much I might have to pay over the $320 I am paying today if that occurs?

Thanks in advance!

 

[LdiJ]

What is the name of your state (only U.S. law)? CO

I have majority custody of my son with 4 nights a week, his schooling address is listed as mine. Currently I pay $320 in child support to his mom a month. (Just some background info)

She had another son and her mother took custody of him early on, just signed the rights over from my understanding. She just found out that her mom was on public assistance and that the state is coming for child support. His mom doesn't make the most and this will likely force her to seek some type of public assistance.

My questions are;

1) Is she eligible to claim him to get on PA since I am the majority parent?
2) If so, this means the state is going to come after me next right?
3) Any guess on how much I might have to pay over the $320 I am paying today if that occurs?

Thanks in advance!

You already have a child support order. The state CANNOT come after you. All the state can do is seek a child support order if one does not exist.

 

[Patrick2013]

You already have a child support order. The state CANNOT come after you. All the state can do is seek a child support order if one does not exist.

Thanks!

Maybe should have added this, not sure if it makes an impact or not.

I do not pay child support through the state, just pay her directly, however it is listed in the paper work that was filed with the state showing that I would be paying directly.

 

[LdiJ]

Thanks!

Maybe should have added this, not sure if it makes an impact or not.

I do not pay child support through the state, just pay her directly, however it is listed in the paper work that was filed with the state showing that I would be paying directly.

Its possible that she lied and did not say that she was receiving child support...and in that case they might come after you to attempt to establish an order, thinking that you do not have one. However if that were to happen all you would have to do is prove that you have an order and are paying it.

 

[single317dad]

To expand a bit for clarity: the idea behind the state's interest in enforcing support orders is that parents are responsible for the care and support of the children they create. If the state is paying TANF, SNAP, Medicaid, etc. expenses for the child, those are expenses for which the first responsibility should fall to the parents. If the court has ordered that one or both parents pay support and they are not paying, the state, through Title IV-D/CSE, will pursue enforcement of the existing order. If there is no known father or no court order for support, the state will use its formidable resources to find the father (or even the mother if she's gone AWOL), and establish a guideline support order through the courts.

In your case, none of these apply to you, because you have a support order in place (apparently within guidelines) and you're paying the ordered amount. As far as the state is concerned, you are supporting your child.

Mom, not being primary custodian, should not be able to receive assistance for the child unless she lies. She may be able to receive some small amount for herself or her other children. As the child is in your primary care, he will not be eligible for benefits (because you presumably earn well above the guidelines for assistance). Put simply: no state assistance for the child you're responsible for, no responsibility on your part to reimburse the state.

Mom may be able to file for a small modification based on new calculations due to the subsequent child that she now will owe support on (see: "responsibility for other children" in the 2014 CO guidelines), which may increase your support due a little. In my view, that's the only change you may need to be concerned with. Even that adjustment isn't guaranteed to be granted.

Keep all proof of every payment you make, and keep it forever. Colorado has no statute of limitations on collection of back support.

 

[Patrick2013]

Thanks! Much appreciated!

 

[Pinkie39]

To add on to singledad's post, IF she did get public assistance for the child you have together, and the state decided to seek reimbursement from you, they would just keep the child support your pay to her, as reimbursement. Assuming it's paid through the child support enforcement agency. They wouldn't tack on an additional amount to what you already pay.

In my state, Ohio, the state generally only seeks reimbursement from an absent parent for OWF - cash welfare. The custodial parent receiving OWF has to assign their child support rights to the state. They can't receive both child support and cash welfare. It's one or the other. Take the OWF, the state keeps the child support.

For custodial parents receiving Medicaid here, the state will try to get a medical support order from the absent parent. Meaning the absent parent will have to add the child to any medical insurance they have available, if it's feasible.

Now of course, every state is different. Some are more aggressive than Ohio in seeking reimbursement.