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Scenario:
You had a child support case opened while you were on public aid- got off shortly thereafter. Since that point the father has made no effort to pay on the order and the county wont go after him because they said he currently receives state medical aid. If you are working- and not on aid, isnt the county responsible to collect or enforce the order or do you have to hire a lawyer yourself to help you get monies owed? Its not like he cant work- he just chooses not to. They said that the state cant go after people for Child support who are receiving any type of state funded programs.

I dont really see how that is fair since I am required to work (which I would anyways because I have children to take care of), i just wonder why the man isnt (or woman depending on the situation).

2006-11-30 01:54:19 · 4 answers · asked by glorymomof3 6 in Politics & Government Law & Ethics

Just wanted to add- the only medical condition he has is he is fat and lazy...lol. He is a DJ who does work on the side and make $$$ under the table. He has 3 vehicles, over a grand in tattoos on him, and never is outside with less than $500 on him. The vehicles arent in his name- they are in other womens names. So he can work- he just chooses not to. Oh he cant have a license, travel or go to school because the state cancelled all of those things for him until he becomes current.

2006-11-30 02:12:13 · update #1

4 answers

Same thing in Canada. If the payor is on public assistance like welfare, it cannot be garnisheed for a support order. The client only gets enough to meet basic necessities and welfare cannot use public money to pay off the persons debts (which is what a support order is). It's just not allowed under legislation.

The authorities, regarding the work issue, will have their hands tied. Although you think he can still work, and maybe he can, the legislation, like up here, is probably written to the effect that if a medical doctor says he can't, they can't make him look for work.

Frustrating I know. All the best of luck! It ain't easy being a single mom. I know.

2006-11-30 01:59:53 · answer #1 · answered by L 3 · 2 0

Have you gone down to Social Services and applied for Child Support Enforcement? Then they would have to go after him.
Or, go back to Family Court (I know- it's a pain) and file a new petition. Make him PROVE he has no income. Just because he's receiving Medicaid doesn't mean he's not working. And who says he's receiving Medicaid - him or them?
Once you're in Family Court - Social Services will appear if there's an open case of any kind in his name - so give it a try. You sound like an intelligent woman who's been through the process so don't hire a lawyer right away - you will probably be able to do without one. The minute you feel as if you're in over your head - ask for an adjournment to obtain counsel. From your story, you probably are eligible for assigned counsel so you wouldn't have to pay one. Ask the Court for the paperwork you need to apply right then and there.
Good Luck!!

2006-11-30 02:06:00 · answer #2 · answered by 34th B.G. - USAAF 7 · 2 1

it's so ridiculous when the state allows this and it happens all the time, he is still liable for all back child support and no you don't need a lawyer, you can go straight to the court house and file charges against him yourself for the back child support, if you wait for CSE it will never get done. also if you go yourself he is charged with a criminal offense of not paying instead of the garbage they hand out in child support court.... also call CSE every day until they get off their duffs and do what i did write a letter to the editor in your local paper. this gets things moving too!

2006-11-30 02:01:23 · answer #3 · answered by Anonymous · 2 0

The county is only going to go after him if YOU are receiving aid. If you are not then it is your responsibility.

2006-11-30 01:57:35 · answer #4 · answered by 007 4 · 0 1

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