Legal Question in Family Law in California
AFDC repayment - who is responsible
My husband is paying rearrears for 2 years of child support at the moment. He has always paid child support ever since he was divorced. My question pertains to the AFDC repayment that he just found out he needs to pay besides the rearrears for the months that his ex collected from the state. Who is responsible for reapayment? Would he be even if he has been paying for child support ant his ex chose to collect from the state for a few months? He was already divorced at the time. Also, he has one child that he supports and his ex at the time she collected in 1995 had another child from her now husband.
Another question - since we are married, would they look at my income and combine it with his for calculation of child support? Thank you.
1 Answer from Attorneys
Re: AFDC repayment - who is responsible
The exact nature of your situation is unclear. If your husband has paid child support since the divorce how could he have arrears? Are the arrears the result of a court order or reimbursement for AFDC payments.
The County can go back only three years to collect a reimbursement for AFDC. However, if your husband paid the court ordered support, he fulfilled his support obligation. If mom received AFDC and child support, which was not reported to social services, she committed welfare fraud. She would then be liable for the AFDC repayment.
You need to consult with an attorney about your situation.
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