Legal Question in Family Law in California
welfare fraud
if you have a baby out of wedlock and since birth have provided for and cared for that child appx 50% of the time would your parental obligations be considered met?
If you have been the custodial parent and you find out the other parent is collecting welfare for that child that is in your care. What documentation would be good to have to prove that the child resides with you now and in the past. Would statements from neighbors, teachers (in the form of letters) be admissable. Also if both parents have joint custody one works and is established and the other is living at home on probation and has no job. Shouldn't the custodial title go to the parent who is not in need of public assistance. One parent is capable as of today to financial, emotionally and physically care for said child. Instead of the parent, who prefers not too and makes no effort to change her current situation to improve the quality of life for her and her child. Yet she recieves a check every month from CalWorks even though the childs needs are already being met.
1 Answer from Attorneys
Re: welfare fraud
In cases such as this your best approach is to report the facts to the welfare department now. They will investigate to determine whether she should be receiving assistance. Child support is based on the following factors, your income, mom's income, the per cent of time the children are with each parent. Other factors that reduce the amount of taxes paid, and a few other items that are allowed to be deducted from the income used to determine support. You should also go to court and request a work efforts order for mom. She will have to actively seek employment.
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