My friend went to jail last year. She gave temporary guardianship/ temporary custody to her mother which can be revoked when she is release. She has not received any certified mail but on our clerks website I saw where DOR and her mother are trying to get an administrative order of support. Up until last year my friend is the only parent that has cared for these children or raised them. She will be released in about 50 days. And now is concerned that she will owe back child support. The guardianship/temporary custody was not part of a court order.
Family Law Attorney
If her mom had to apply for public assistance, food stamps or cash assistance or Medicaid, then she would be required to apply to DOR for child support in order to obtain those benefits. She may or may not ultimately have to pay them back, but she does have to be served and have an opportunity to respond. Clearly she would have had no ability to pay while incarcerated, unless she has savings or assets.
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