Can the state file for child support and we are still married and live together and on the same public assistance case?

Asked over 1 year ago - Los Angeles, CA

me and my babys father filed for public assistace and the county is suing me for child suport even though i am still in the home and i am together with the mother we are both on the same public assistance case.
If the state can file a suit against him, what are we supposed to do?

Attorney answers (1)

  1. Michelle J. Cameron-Hunsaker

    Contributor Level 9

    Answered . In this situation there would be no need for a child support order since both parents live in the home and are married. It's not abnormal to have a couple apply for assistance, so make sure all your paperwork is filled out correctly with all the parties living in the home listed and since there is a misunderstanding with the County, make sure to clear them up immediately. Call the case worker and show them the application with both of you on it. You cannot have a child support case without 1) a paternity action or 2) a divorce/separation already filed. So, you'd explain that you are married and living together, thus no need for a child support case to be opened.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an... more

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