back child support and welfare

i have a question. my husband is being taken to court for paternity and support of a child he didn't know about until now. the mother has received welfare benefits for the child as well as medical benefits. the court papers mention she signed over her rights to the moneys of the back support. does that mean that she will be getting only $50 until the state is paid back their money? it also said that back support could not go over the amount paid out by the state. the child is 3. the mother is trying to back out of the state precedings telling my husband that they can work it out on their own. we of course don't want to do that, but are wondering if it is because she knows her benefits will be reduced until money is paid back to the state.

we are in arizona.

I would not take her word for it. It is better to have it done legally, for your own piece of mind.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by needhelpinaz:
[b]i have a question. my husband is being taken to court for paternity and support of a child he didn't know about until now. the mother has received welfare benefits for the child as well as medical benefits. the court papers mention she signed over her rights to the moneys of the back support. does that mean that she will be getting only $50 until the state is paid back their money? it also said that back support could not go over the amount paid out by the state. the child is 3. the mother is trying to back out of the state precedings telling my husband that they can work it out on their own. we of course don't want to do that, but are wondering if it is because she knows her benefits will be reduced until money is paid back to the state.

we are in arizona.[/b]<HR></BLOCKQUOTE>I live in La. I know of a new law that became effective Jan.1,2000 it's called Families First Policy.Clinton signed into law the family is to receive any money up to the obligation amount and arrearage money before or after welfare. Example my award $350. mo C/S and $302.50 arrearages. I had arrearages before and after welfare so I get both,the State can only collect after I am paid in full. The judgment is for $100,425.00 as of 2/97 now about $276,000.00 w/interest ect. Check out Support Enforcement National web site it is listed. Good luck.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by chatk:
[b] [QUOTE]Originally posted by needhelpinaz:
[b]i have a question. my husband is being taken to court for paternity and support of a child he didn't know about until now. the mother has received welfare benefits for the child as well as medical benefits. the court papers mention she signed over her rights to the moneys of the back support. does that mean that she will be getting only $50 until the state is paid back their money? it also said that back support could not go over the amount paid out by the state. the child is 3. the mother is trying to back out of the state precedings telling my husband that they can work it out on their own. we of course don't want to do that, but are wondering if it is because she knows her benefits will be reduced until money is paid back to the state.

we are in arizona.[/b]<HR></BLOCKQUOTE>I live in La. I know of a new law that became effective Jan.1,2000 it's called Families First Policy.Clinton signed into law the family is to receive any money up to the obligation amount and arrearage money before or after welfare. Example my award $350. mo C/S and $302.50 arrearages. I had arrearages before and after welfare so I get both,the State can only collect after I am paid in full. The judgment is for $100,425.00 as of 2/97 now about $276,000.00 w/interest ect. Check out Support Enforcement National web site it is listed. Good luck.

[/B][/QUOTE]I reread my reply and I hope it did not sound ugly. Right now I'm ticked at the state who thinks they should come 1st. When it is the child who should. The other side of the coin is if she is off welfare,he owes current c/s. And the arrearages to the state I believe may only go back to time of judgment? When did he 1st go to court? Example:My ex owes before I received welfare $37,000. then I got on welfare because of major health reasons. He now owes the state $25,000. Just for the time I was on assistance. Then I finally found him and a warrant was issued. 13yrs later. Now because he didn't pay even when I was on assist. he still owes me $775.00 a month and the state for the same month as well because he paid nothing at all. Very complicated matter. The state wanted me to sign all my arrearages over to them. I said no.
I too might need additional advice but the main thing is do not get to far behind and not work it out. My ex has moved 23 times in 10 years to avoid. Now it is time to pay the piper. I tried to work with him at 1st but no, he ran. If you truly try to make an effort and remember the kids, the state will work with you,their policy is a little is better than none. k

here is some more info if it will help. paternity has not been established yet. she only filed in april of 2000, and we have filed an answer to the papers he was served, denying paternity until proven by DNA. no support has been paid or even ordered because we are waiting to hear from the state. it has been 3 weeks since we filed paperwork.

she received welfare for the child and is most likely still receiving it. she only gave the fathers name when threats to cut off her benefits were made. so now we are looking at paying back the state for the welfare she used. i am just wondering if we will be paying them back and her at the same time. i have seen other states where the first $50 go to the mother and the rest to the state until state is paid back.

we are in arizona. any advice?

I am not sure but I think in Wisconsin child support does not begin until paternity has been established and the court order for child support has been signed by a judge and not back dated until the child was born. I work with people on the welfare system and they too must cooperate with Child support agencies to continue their benefits. And I have seen it where it takes over a year to establish paternity and get the support order in place and they don't get a penny of back support, and I haven't heard anything about the father suddenly being in arrears, due to the length the child was receiving aid and the year or so there was no support coming in. I would make some inquiries to your local ( or one near by) child support agency to ask about your situation (hypothecially of course)

He might be suddenly responsible for birth costs and paternity testing and costs for suddenly setting u8p the paper work for child support. My hubby has 2 kids from a previous relationship...the 6 yo he signed a voluntary paternity paper and the child was born in May and court ordered support didn't get signed until October and didn't require him to pay for the previous months...only $1000 of birth costs. When the 4 yo was born in April, there was question on paternity, so there was statements signed...court ordered paternity tests...the entire 9 yards. Paternity tests showed the child was my hubby's, the court ordered support wasn't signed and put into effect until April the following year, of which the mom was on AFDC for 6 months already. my hubby was only ordered to pay $1800 birth costs, $210 DNA testing costs, and $25 a year for all the paperwork Child support has to do to garnish his wages. He was not responsible for anything previous, and they did take only the amount of support he was required to pay for 2 kids in the state of Wisconsin (25% gross income) and only gave her $50 a month until she got off AFDC.

I wouldn't sweat it too badly...I think he should be ok on not having to pay arrearage.

"He was not responsible for anything previous, and they did take only the amount of support he was required to pay for 2 kids in the state of Wisconsin (25% gross income) and only gave her $50 a month until she got off AFDC."

What I ment to say in that statement was the state of WI took all 25% of his pay...then only paid her $50 a month while she was on AFDC in addition to whatever else she was getting paid for her monthly allotement of welfare money. So the state kept the extra money above the $50. My hubby also had to pay an additional $10 per check (which he agreed to) in order to pay back the medical expenses on top of the 25% child support. The month the mom went off AFDC she began receiving the full child support checks right away.

Hope that makes things clearer.

hi, thanks for the responses. today, we got a letter in the mail from the attorney general saying we are in default because we didn't respond. that is totally not true. we responded well before the limit, our lawyer did up the papers and we took them to the court. the county court website even has the date we filed the response in their system yet we get this letter. i don't get it. why are we in default??

IAAL?? usdeeper? anyone?

please help.

Here's my situation: I was on state aid for half of Dec 99, full month of Jan 00 and half of Fed 00. My daughter has been on Medicaid since birth (she can now be added to my insuance as of Aug 1 so I am taking her off Medicaid). My daughters father was ordered to pay support in late April. I started receiving it in June. He was ordered to pay back support, but I have no idea as to when the back support was started. So far I have received 2 weeks of May, and a full month of June. The Friend of The Court here in Michigan told me that the state needed to be paid back, by him, the money I received Dec, Jan, and Fed. As far as I know, support was not ordered until AT LEAST the middle of Jan. (that's when I filed and if he's paying back support that's the only date I can come up with that it stared). Point - state assistance has to be paid back regardless of when you were on it or whether the support order was in effect yet or not, and yes the birth costs are inculded in that. The state was keeping ALL the money until I called them and asked them what the hell was going on!! They then sent me the money. As far as I know, the birth is supposed to be an extra amount not inculded in child support amount, but I have asked them just to take it off the top of what he pays me each month since he's pays more than I could use at this point and it's effective, regardless of circumstances for the next three years. They agreed to this and they take about $70 a month to pay back the state. I don't know how this works in other states because I'm not completely clear how it works here. Good luck to you.