Child support services is going after the father for current and back child support based on an agreement in 2002. Since then father and mother shared 50/50 custody (written signed agreement) or father had full custody. Father had the current support order modified in May 2015 (father is unemployed, so is mother) and now June 2015, child support services is trying to collect back support from December 2013. Father had custody of said child up untill recently since daughter wants to follow no rules, and live with her mom who has no rules. 6 dependents for father, mother claims 4 dependents. Mother has been on welfare since December 2013 and states she wants no child support from father. Child support services sent no notice, just started charging begining February 2015. Advise?
If mom is a recipient of public benefits than she doesn't have a choice with respect to whether or not the county collects child support as the state of California has the right to do so in an attempt for reimbursement for the benefits paid on behalf of the delinquent non custodial parent. However, if Dad was the primary custodial parent then there would be no right to child support under child support services unless this case is different from the usual circumstance. Contacting child support services by having an attorney do so and providing the proof in this regard may be helpful in obtaining a set aside or modification although retroactivity may be an issue.
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