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Does filing food stamps factor into child support?

Lancaster, CA |

My ex, unknown to me, was collecting state cash aid and food stamps. We had been performing 50/50 custody for 4 years prior to this.

- As a result, the County has now begun child support proceedings on me.
- She has stopped collecting cash aid.
- She still collects food stamps.

Will the State still pursue me for child support for her collection of food stamps?


Attorney Answers 2


The state will continue to pursue you for as long as she is accepting state aid.

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So just to be clear that, in CA, the State will pursue even if she was solely collecting food stamps?

A J. Williams

A J. Williams


Yes, it's a social policy. If someone is getting state aid and there is another parent, the state takes an interest in assuring that child support is properly paid.


your ex is/was under no obligation to give you any notice as to the receipt of aid and with 50/50 custody she would still qualify for the same so long as she met the other qualifications [income, assets, etc] Once she starts receiving TANF the case is required to be referred to the Department of Child Support Services for it to establish & enforce an order for child support if one is not already in existence. The cessation of her receipt of TANF does not cease the case with the DCSS as the DCSS is required to continue to extend services to her till such time as she affirmatively request that they stop doing so which she is not required to do. 50/50 custody does not equate to there being no ongoing child support obligation since child support it based on not only timeshare but also the relative income of the parties. Given that she is still in receipt of food stamps it is safe to say that she has relatively little income and most likely less then you do so an order of child support would be appropriate. Had she only applied for food stamps in the beginning and had not been in receipt of TANF, there would have been no automatic referral of the matter to the DCSS .

This information is provided for general educational purposes only including answers posted to questions asked. It is not intended to be relied on as legal advice. Your particular facts and circumstances must be considered to determine appropriate legal advice. Always consult with a competent attorney, licensed in your state, to discuss your particular situation. The material contained in this answer is provided solely for informational purposes. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the responding Attorney. The information in this answer is not guaranteed to be correct, complete or up-to-date. It should not be relied upon or construed as legal advice. You should not act or elect not to act based upon this information without seeking professional counsel.

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