Legal Question in Family Law in California
child support arrears owed to me disappeared when investigated for welfare fraud
After finally recieving a child support award for my three children with a wage assignment for current support and arrears - my exhusband furnished false information to DCSS and renegotiated his wage attachment - simulaniously, a welfare fraud investigation was initiated by annonomous report and the approximately $31,000 in arrears that was due me - disappeared from the DCSS account. What are my rights regarding full disclosure of this. An audit done by the DCSS office - simply stated that i had forfieted my arrears when i went on aid. I went on aid in 5/2003 - I recieved my court order 11/2003 - which was not stamped into file until 2/2004 - and if was 6/2004 that my arrears disappeared. What are my rights to all information regarding this?
1 Answer from Attorneys
Re: child support arrears owed to me disappeared when investigated for welfare fraud
You forfeit your right to child support during the time you are receiving aid. You, in fact signed a document assigning your right to receive child support to the county when you applied for aid. If, while you are receiving aid, dcss collects arrears, those arrears will be credited toward the monthly obligation owed to them by the father. You can stop the assignment from continuing by cancelling your right to receive aid and notifying dcss that you no longer desire to use them to assist you in collecting support. You will then be entitled to any arrears that accrued or accrue during any time you were not on aid. dcss is still entitled to arrears accrued during that time. If you are in fact entitled to over $30k in arrears for a time period when you were not receiving aid, you should use a private attorney to assist you in collection of that money.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
