Who get the money?

Who gets the money?

What is the name of your state?FL
A friend of mine has been raising her children with no help from her ex. She was in a car accident and lost her job. She applied for cash assistance because they told her they would fix her car and help her find another job. She has never recieved cash before, last week she got a letter in the mail that said she would get about 300.00 for March and about 400.00 for April. She has not gotten any money yet. Yesterday she found out that CSE found her ex and he paid 5,000. in back support, she called DOR and they said they would keep the whole 5,000. because she is approved for cash, even though she has not gotten any and it is way more then they are giving her. Is this legal? I thought title IV of the SSA code states they could only keep what they paid her.

are you typing this stoned? Because it barely makes sense.

If your friend was receiving state aid then the money goes to them. Case closed.

Fl Cat7 said:

What is the name of your state?FL
A friend of mine has been raising her children with no help from her ex. She was in a car accident and lost her job. She applied for cash assistance because they told her they would fix her car and help her find another job. She has never recieved cash before, last week she got a letter in the mail that said she would get about 300.00 for March and about 400.00 for April. She has not gotten any money yet. Yesterday she found out that CSE found her ex and he paid 5,000. in back support, she called DOR and they said they would keep the whole 5,000. because she is approved for cash, even though she has not gotten any and it is way more then they are giving her. Is this legal? I thought title IV of the SSA code states they could only keep what they paid her.

Click to expand...

When your friend signed up for state aid, she also signed a form that relieves her of her right to support and assigns her support rights to the state.

Fl Cat7 said:

What is the name of your state?FL
A friend of mine has been raising her children with no help from her ex. She was in a car accident and lost her job. She applied for cash assistance because they told her they would fix her car and help her find another job. She has never recieved cash before, last week she got a letter in the mail that said she would get about 300.00 for March and about 400.00 for April. She has not gotten any money yet. Yesterday she found out that CSE found her ex and he paid 5,000. in back support, she called DOR and they said they would keep the whole 5,000. because she is approved for cash, even though she has not gotten any and it is way more then they are giving her. Is this legal? I thought title IV of the SSA code states they could only keep what they paid her.

Click to expand...

Your friend needs to speak to an attorney ASAP. It is true that when she applied for assistance she had to sign that the state would recieve the CS monies, this is done to ensure that the state is reimbursed for the assistance cash paid out. However, in your friend's case, so far the amount paid out is only $700.00 (even tho she hasn't recieved it yet), yet the state has collected $5,000.00 in "reimbursement".

Your friend needs to speak to an attorney just to ensure that she will recieve at least the full 5thousand in the form of cash assistance. If for some reason she is able to stop assistance (or the state stops it) and she hasn't recieved at least the $5,000 the state would have to give her whatever balance remains. An attorney will explain what she might need to do.

Your friend will recieve the full amount that the NCP paid, but it will probably be paid TO HER in the form of cash assistance.

Thank you for your answers. She had no intention of continuing the cash after April. She has no family and just needed a little help to get back on her feet. I think it sad that DOR was unwilling to go after her ex until they had something to gain. She did call to stop the cash (they still have not given her any money), but they said they need 10 days to update their computers.

are you typing this stoned? Because it barely makes sense.
What was unclear?

SEC. 457. [42 U.S.C. 657] (a) IN GENERAL.—Subject to subsections (d) and (e), an amount collected on behalf of a family as support by a State pursuant to a plan approved under this part shall be distributed as follows:

(1) FAMILIES RECEIVING ASSISTANCE.—In the case of a family receiving assistance from the State, the State shall—
(A) pay to the Federal Government the Federal share of the amount so collected; and
(B) retain, or distribute to the family, the State share of the amount so collected.
In no event shall the total of the amounts paid to the Federal Government and retained by the State exceed the total of the amounts that have been paid to the family as assistance by the State.
This is from SSA web site, what the Florida DOR told her sounds illegal to me.

[
are you typing this stoned? Because it barely makes sense.
What was unclear?

Nothing.


Perhaps BelizeBreeze was reading it stoned.

Where did she get the info that he paid $5k?

He called her and told her then she called the court to verify.

Can anyone tell me if the law I quoted is right? It seems to me that this is a way for the government to steal money from children. They knew where her ex was the whole time but did next to nothing to make him pay support until she was forced into a corner, then they want to keep all the money!
Once more is SEC. 457. [42 U.S.C. 657] (a) IN GENERAL.—Subject to subsections (d) and (e), an amount collected on behalf of a family as support by a State pursuant to a plan approved under this part shall be distributed as follows:

(1) FAMILIES RECEIVING ASSISTANCE.—In the case of a family receiving assistance from the State, the State shall—
(A) pay to the Federal Government the Federal share of the amount so collected; and
(B) retain, or distribute to the family, the State share of the amount so collected.
In no event shall the total of the amounts paid to the Federal Government and retained by the State exceed the total of the amounts that have been paid to the family as assistance by the State.

Update

My friend called CSE/DOR today and talked to someone with more knowlege and they told her as soon as DCF sends confirmation of her request that they stop the cash they would send her the 5,000. Also if they did give her the cash assistance once it was stoped to call the accounting dept and they would send the balance after repayment of what she actually recieved.