Child support and public assistance

[stealth2]

I agreed to less than guideline support. (Different state, though) When I was laid off and filed for a mod to bring it up to guideline? Cost $14k to get the difference split. Yeah - shoot me.

 

[Astrolink]

I'll give my own experience, but from a different state. My ex agreed to me paying 2/3 of guideline, as we share custody. It was stated as such in the decree, and signed by a judge.

Shortly after divorcing, she applied for public assistance. Child support was then revisited and brought up to guideline. They they were fully aware of the decree's provisions.

I hope this gives you at least a glimpse of the possible outcome. An attorney in your state could give you the most probable outcome.

 

[CJane]

I'm not really sure you understand how public assistance works. Being in debt isn't going to qualify you for assistance. Being of extremely low income DOES.

You're wanting to move so that you can better provide for the kids and be close to your empolyer(s)... you can't claim that as a reason to move while still planning to have an income so low that you'd be on assistance... especially those that affect child support (TANF and Medicaid).

You might qualify for other things, housing assistance, food stamps, child care assistance, etc... but those things don't affect child support - at least not in the same way - and even then, you're going to have to be very close to poverty level.

A story for you - when I was unemployed and my UIC was $334/week and I was receiving child support in the amount of $179/week for 3 kids whom I had custody of, I didn't qualify for ANY assistance of ANY kind.

 

[killerzoey]

I'm not really sure you understand how public assistance works. Being in debt isn't going to qualify you for assistance. Being of extremely low income DOES.

You're wanting to move so that you can better provide for the kids and be close to your empolyer(s)... you can't claim that as a reason to move while still planning to have an income so low that you'd be on assistance... especially those that affect child support (TANF and Medicaid).

You might qualify for other things, housing assistance, food stamps, child care assistance, etc... but those things don't affect child support - at least not in the same way - and even then, you're going to have to be very close to poverty level.

A story for you - when I was unemployed and my UIC was $334/week and I was receiving child support in the amount of $179/week for 3 kids whom I had custody of, I didn't qualify for ANY assistance of ANY kind.

Not sure why not...can you help me understand? I need to move to avoid going on welfare. My income for 2008 was $100 over the poverty level for a family of three (me + 2 girls). 2009 was a worse year so I can only assume I'll be poverty level then, esp. w/o child support.

If I move, I can bump up my business and/or get a job in my industry.

 

[killerzoey]

Because money does not mean custody -- the person with the higher salary doesn't automatically win. What happens is whoever can provide the child(ren) with the basic necessities and who is in the best interest of the children to be custodians is what the court looks at. You could quit paying your credit card bills to make sure food was on the table. You could quit paying various things to make sure the children are taken care of. You could declare bankruptcy to lose some of the debt. There are options for each of you even if you are broke.

I am aware that custody doesn't go to the parent who makes more money.

I don't have debt but I will soon be out of money because the expenses of supporting myself and our girls are more than my income. There are no prospects for me on this island in my field. What then?

He has access to a nearly endless supply of money but refuses to acknowledge this so he doesn't have to pay child support.

I call my situation unsustainable because I can't generate the income here that I could back in my home state. It is super expensive to live here. I know I can go into debt and then declare bankruptcy, but what then? These are not good long-term solutions.

 

[LdiJ]

I am aware that custody doesn't go to the parent who makes more money.

I don't have debt but I will soon be out of money because the expenses of supporting myself and our girls are more than my income. There are no prospects for me on this island in my field. What then?

He has access to a nearly endless supply of money but refuses to acknowledge this so he doesn't have to pay child support.

I call my situation unsustainable because I can't generate the income here that I could back in my home state. It is super expensive to live here. I know I can go into debt and then declare bankruptcy, but what then? These are not good long-term solutions.

You keep stating that he has access to a nearly unending supply of money but you don't really describe HOW and WHY he has that access. The how and why might actually make a difference in court.

For example: If his mother is married to a very wealthy man, and she has been providing him 3000.00 a month, then that probably wouldn't help you at all.

However, if his mother controlls a trust fund that he is the beneficiary of, then that might help you a great deal.

 

[Proserpina]

You keep stating that he has access to a nearly unending supply of money but you don't really describe HOW and WHY he has that access. The how and why might actually make a difference in court.

For example: If his mother is married to a very wealthy man, and she has been providing him 3000.00 a month, then that probably wouldn't help you at all.

However, if his mother controlls a trust fund that he is the beneficiary of, then that might help you a great deal.

Absolutely - this could be critical information.

 

[CJane]

Not sure why not...can you help me understand? I need to move to avoid going on welfare. My income for 2008 was $100 over the poverty level for a family of three (me + 2 girls). 2009 was a worse year so I can only assume I'll be poverty level then, esp. w/o child support.

If I move, I can bump up my business and/or get a job in my industry.

My problem is with how you phrased it. You said you'd have racked up so much debt by the time you relocate that you're likely to need public assistance. That's not how it works. You don't get assistance based on debt load.

You have also said, repeatedly, that you'll be able to get a job, sustain your lifestyle, whatever once you move. Yet in this thread, you're talking about needing assistance AFTER YOU MOVE. If your field only offers poverty level jobs, you need a new field.

According to 2005 guidelines, in order to qualify for TANF as a single person with 2 children, you'd have to make $11,772/year or LESS. ( NCCP | California: Temporary Assistance for Needy Families (TANF) Cash Assistance )

TANF affects CS. Medicaid CAN affect child support, though in my experience it does not. Again, you're unlikely to qualify for anything at all that will affect CS, which seems to be your original question.

 

[killerzoey]

You keep stating that he has access to a nearly unending supply of money but you don't really describe HOW and WHY he has that access. The how and why might actually make a difference in court.

For example: If his mother is married to a very wealthy man, and she has been providing him 3000.00 a month, then that probably wouldn't help you at all.

However, if his mother controlls a trust fund that he is the beneficiary of, then that might help you a great deal.

I strongly suspect that is the case. There is a trust set up by his maternal grandmother for the grandkids (including him), which I believe his mom controls. He gets money from the trust and cash from her, who is very wealthy in her own right due to her inheritance from her mom.

If she testifies at trial, I suppose my attorney will have a chance to ask her some questions.

 

[killerzoey]

My problem is with how you phrased it. You said you'd have racked up so much debt by the time you relocate that you're likely to need public assistance. That's not how it works. You don't get assistance based on debt load.

You have also said, repeatedly, that you'll be able to get a job, sustain your lifestyle, whatever once you move. Yet in this thread, you're talking about needing assistance AFTER YOU MOVE. If your field only offers poverty level jobs, you need a new field.

According to 2005 guidelines, in order to qualify for TANF as a single person with 2 children, you'd have to make $11,772/year or LESS. ( NCCP | California: Temporary Assistance for Needy Families (TANF) Cash Assistance )

TANF affects CS. Medicaid CAN affect child support, though in my experience it does not. Again, you're unlikely to qualify for anything at all that will affect CS, which seems to be your original question.

Ah I see.

It's confusing as most life issues are. I don't have debt now. I am heading toward broke and I assume debt is just on the other side of broke. I am 38 and have always worked hard and lived within my means - this is all new to me. I just got the trial date set today for February so I may not be in debt once the relocation case starts, but I sure as heck will by the end of it (atty. fees).

I don't know if I'm going to need assistance after I move. I was thinking perhaps I would for a little while. I'm just trying to see down the road and analyze the possibilities. I do freelance work and will be able to do more of this sort of work if I move closer to the source, plus my overhead will be less living with family. But since I don't have a set salary and will be in transition for a while with the move, it is hard to determine if I will dip lower before I come back up. Does that make sense?

Thanks for the TANF info and the general info about what does and does not affect CS.

 

[stealth2]

So, am I understanding this correctly? What you are basically proposing to do is sweeten the pot for Dad to agree with your relocation by accepting significantly less than guideline support. BUT, once you actually DO relocate, you anticipate needing to go on govt assistance. Which will result in the state going after Dad for more $$$.

Is that right?

 

[killerzoey]

So, am I understanding this correctly? What you are basically proposing to do is sweeten the pot for Dad to agree with your relocation by accepting significantly less than guideline support. BUT, once you actually DO relocate, you anticipate needing to go on govt assistance. Which will result in the state going after Dad for more $$$.

Is that right?

Or for heaven's sake.

I am trying to accept my fate that Dad is probably going to be able to weasel out of paying much child support at all and preemptively offer to accept a low amount (sub min. wage imputed income) in order to be able to relocate. Because I'm out of money and out of time.

But I want to make sure I know what could happen as a result of this should I still need assistance, even temporarily. I don't want to set myself up for something that could be looked at as underhanded. Don't want him to be able to come back and say "you tricked me". THAT is why I want to know up front what oculd happen.

It's nearly 7 months I am supporting the girls singlehandedly. Preschool, daycare, food, diapers, wipes, medicine, home, clothes... His stance as of yesterday's response to my motion is that he is "only" an artist and can't really be expected to work or contribute. Because I have a college degree and he doesn't, it's all on me to care for them. But he doesn't want me to to relocate with them to where I can support them, because being a dad is so important. That is his official take on things, signed, sealed, delivered to the judge.

 

[Cainlord]

honestly, why don't you just file and be done with it? Let him explain that he is an artist and kids can live on sunshine and air to a judge instead? Sometimes you need to just stop being jerked around and lay your hand on the table. What does it matter if he says "you tricked me"? You being worried about his reaction to you means squat. What matters is that the children are taken care of. Please tell me thats more important that "you tricked me".

 

[killerzoey]

honestly, why don't you just file and be done with it? Let him explain that he is an artist and kids can live on sunshine and air to a judge instead? Sometimes you need to just stop being jerked around and lay your hand on the table. What does it matter if he says "you tricked me"? You being worried about his reaction to you means squat. What matters is that the children are taken care of. Please tell me thats more important that "you tricked me".

OMG do you KNOW him? That is exactly what he told the mediator!

Just not worrying about whether he feels duped is an option. But he is passive aggressive and tends to retaliate. He is "closet" evil, the worst kind there is.

 

[Cainlord]

nope, just seen plenty of cowardly fathers and a few mothers who think that way.