Legal Question in Family Law in California
My ex-wife is on Food Stamps and AFDC, they're coming after me for child support. We have 50/50 custody where I have him for one week and she has him for one week. I cannot affort to support my household, including my son, while he's with me if I have to pay for him for the time when he's not with me. Is there anyway for me to not have to pay the state back for the benefits that she's getting?
1 Answer from Attorneys
Child Support services automically goes after the higher earner when a party goes onto government assistance. I dont believe you can negotiate with the other parent to forgive child support since the money you are paying does not go to the other parent,, but goes towards reimbursement of the government money.
You would need your ex to get off government assistance and close her case with DCSS before they would not come after you for child support.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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