Non custodial parent and CalWORKs

[Moomoo1002]

What is the name of your state?


The father of my child and I have a new agreement where he is living majority of the time with him and I have visitation. He doesn’t need any support from state but is trying to stop me from getting any to be able to support my son when I do have him. Am I able to still file with my son for cash assistance with our own agreement in order? Also he is paying 80 monthly child supportto me through state due to county opening a case.Yet our agreement states he would pay 80 weekly to me (he offered & included in agreement) but I have not pushed the amount up for child support since our new agreement last year.

 

[Just Blue]

What is the name of your state?


The father of my child and I have a new agreement where he is living majority of the time with him and I have visitation. He doesn’t need any support from state but is trying to stop me from getting any to be able to support my son when I do have him. Am I able to still file with my son for cash assistance with our own agreement in order? Also he is paying 80 monthly child supportto me through state due to county opening a case.Yet our agreement states he would pay 80 weekly to me (he offered & included in agreement) but I have not pushed the amount up for child support since our new agreement last year.

Why did you and dad come to this "new agreement"?
Is this "new agreement" filed with the family courts or just an understanding between you and dad?
Is there an existing custody order that you and he are not adhering to because of the "new agreement"?
Were you working before COVID and lost your job because of it?

What is the current time share...how many overnights do you have per week?



Just as an FYI: You don't have the authority to "push the amount up for child support". Only a court can do that. And if you are getting $80.00 then he is very likely paying a lot more than that to the state....the $80.00 is just what YOU receive. The rest is going to the state to offset some of the welfare services you are getting.

 

[Moomoo1002]

The 80 is our agreement and was the whole states amount they gave in the original. I’m actually getting less right now and don’t want to show child support our new agreement to have more added.
the new agreement was ours as parents and dropped the court order one because we got this one notarized and my question wasn’t answered. (Am I able to file with my son to request cash assistance with how this new agreement is ?)

 

[cbg]

Getting your agreement notarized does not make it legally binding or enforceable.

 

[Just Blue]

The 80 is our agreement and was the whole states amount they gave in the original. I’m actually getting less right now and don’t want to show child support our new agreement to have more added.
the new agreement was ours as parents and dropped the court order one because we got this one notarized and my question wasn’t answered. (Am I able to file with my son to request cash assistance with how this new agreement is ?)

Depends on the answers to the questions I asked and you didn't answer.

 

[stealth2]

One of the most vital questions is who has court-ordered custody?

 

[LdiJ]

What is the name of your state?


The father of my child and I have a new agreement where he is living majority of the time with him and I have visitation. He doesn’t need any support from state but is trying to stop me from getting any to be able to support my son when I do have him. Am I able to still file with my son for cash assistance with our own agreement in order? Also he is paying 80 monthly child supportto me through state due to county opening a case.Yet our agreement states he would pay 80 weekly to me (he offered & included in agreement) but I have not pushed the amount up for child support since our new agreement last year.

Only the parent with who the child primary lives is able to get any state assistance for the child. You would automatically get turned down if the child does not live with you primarily.

 

[Ohiogal]

Only the parent with who the child primary lives is able to get any state assistance for the child. You would automatically get turned down if the child does not live with you primarily.

That depends on State law and it may not be true.

 

[zddoodah]

What is the name of your state?

Why are you asking this? The state of any person who responds here isn't relevant. Your state, however, is very relevant.

The father of my child and I have a new agreement where he is living majority of the time with him and I have visitation.

Is this merely an agreement between the two of you, or is it part of a divorce decree or custody order? Sounds like the former is the case, but I'm not sure it's relevant to the only question you asked.

Am I able to still file with my son for cash assistance with our own agreement in order?

I'm not sure what "file with my son" might mean, and the law for any state assistance obviously depends on what state you're in, which you didn't mention.

 

[Just Blue]

@zddoodah The question "What is the name of your state?" is a FA question when posting a thread.