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?
Criminal Defense Attorney
The state will continue to pursue you for as long as she is accepting state aid.
Child Support Lawyer
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 .
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