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  #1  
Old 06-13-2000, 01:35 AM
paying big bucks
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As a non custodial parent whose support payments go mainly to repay public aid collected by x-wife, is there any way to demand to see the exact $ amount that the welfare dept. used monthly for the benefit of my children?

My x wife has several other children by different fathers and receives ss benefits for a develop. delayed son, as well. I am paying over $500 in support, all but $50 is used to repay afdc she recieves. I feel that because the other fathers do not pay support, the cs I pay is being used to repay the aid for the benefit of the other members of her family and not just the $ amount that the state paid for the benefit of only my dependents.

Is there a way to make certain that since I am "repaying" the gov. that they have an obligation to show me how my money was being applied?
  #2  
Old 06-13-2000, 02:09 AM
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by paying big bucks:
[b]As a non custodial parent whose support payments go mainly to repay public aid collected by x-wife, is there any way to demand to see the exact $ amount that the welfare dept. used monthly for the benefit of my children?

My x wife has several other children by different fathers and receives ss benefits for a develop. delayed son, as well. I am paying over $500 in support, all but $50 is used to repay afdc she recieves. I feel that because the other fathers do not pay support, the cs I pay is being used to repay the aid for the benefit of the other members of her family and not just the $ amount that the state paid for the benefit of only my dependents.

Is there a way to make certain that since I am "repaying" the gov. that they have an obligation to show me how my money was being applied?[/b]<HR></BLOCKQUOTE>


My response:

And when you asked to review an "accounting," they said to you . . . ?

IAAL


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  #3  
Old 06-13-2000, 02:45 AM
paying big bucks
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Who do I ask, that's the question. The family support division and the welfare dept. say that any info provided by other parent with regards to public assistance in confidential. But....if I'm repaying them for money spent for the welfare of my children, I feel that I am entitled, legally, to proof that they are have spent an amount equal or greater to that I provide in monthly support.
  #4  
Old 06-13-2000, 03:09 AM
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Location: Los Angeles, California
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by paying big bucks:
[b]Who do I ask, that's the question. The family support division and the welfare dept. say that any info provided by other parent with regards to public assistance in confidential. But....if I'm repaying them for money spent for the welfare of my children, I feel that I am entitled, legally, to proof that they are have spent an amount equal or greater to that I provide in monthly support.[/b]<HR></BLOCKQUOTE>


My response:

Well, it looks like they are forcing your hand, and requiring you to go back into court to see an explanation of, and to see an, accounting.

The DA satisfies the notice prerequisite by sending a statement of support arrearages to the obligor at the obligor's last known address by postage prepaid first-class mail, advising of the amount owed and of the procedure for obtaining an administrative review of the arrearage determination. [Ca Wel & Inst § 11350.7(c)]

The notice must also advise the obligor of the right to seek a judicial determination of arrearages pursuant to Ca Wel & Inst § 11350.8 and "shall include a form" for requesting same. [Ca Wel & Inst § 11350.7(c)] Any party to an action involving DA child support enforcement services can also request, by motion, a court determination of arrearages owed (either before or after a DA administrative review). The motion must include a monthly breakdown showing amounts ordered and amounts paid, "in addition to any other relevant information." [Ca Wel & Inst § 11350.8(c)]

Notice of the motion must be given to whoever was a party to the underlying child support order to which the arrearages motion relates. [See County of Shasta v. Smith (1995) 38 Cal.App.4th 329, 335, 45 Cal.Rptr.2d 52, 55--H (obligor) seeking determination of arrearages owed under Ca Wel & Inst § 11350 public assistance reimbursement order did not have to give notice of motion to W (custodial parent) because W was not a party to the order]

Doncha just love government, and the law?

Good luck, and see an attorney immediately.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

  #5  
Old 06-13-2000, 03:38 AM
paying big bucks
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Cool

Thanks, I see what I can dig up with the great leads you've given.

You're the best!
 



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