Legal Question in Family Law in Iowa

Child Support Recovery wants me to pay child support. I have custody.

My son is 16 years old, had some legal problems, so I let him stay with his father on a trial basis to get him away from some kids he was running around with. My ex immediately filed for welfare, food stamps and medicaid (even though I always had medical insurance on my son). My daughter is still with me. Received a notice stating I had to sign a waiver of all my rights so they could garnish the money he received out of my paycheck. He was to have been paying child support to me, but quit almost 3 years ago. He has been working under the table since so they could not garnish his check. Is it legal for them to come after me? Is there any way to stop this?


Asked on 8/25/03, 10:16 am

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Child Support Recovery wants me to pay child support. I have custody.

The triggering event is that you allowed you son to live with him. Have your son return home, and then get him into counseling.

The residence of the child triggers all sorts of things that, no, you can't control.

If you can't take the child back, then you're going to have to pay the equivalent of child support. Worse, if you knowingly participate in the fraud for welfare benefits, you're going to be the one in trouble. Don't do it.

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Answered on 8/25/03, 11:48 am


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