Child support and state assistance?
My husband has 1 biological child and 1 non biological child with his ex. For 10 years they have coparented outside of court. My husband has been paying the children's mother $500/month via bank transfer. The childs mother is also on state assistance. She receives food benefits, etc. My question is recently we have gone to court and settled visitation and support through court so her support will now be paid through the state. I am wondering if by chance all the years prior that my husband has been paying her before court, if she did not report the amount to the state to receive more benefits, would she get in trouble for not reporting that income and also now that she is being paid child support directly from the state, would her benefits be lowered? I am getting conflicting answers from people and i am curious how this works? We just went to mediation and settled so it is very fresh, just curious. Thank you!
- AthenaLv 74 months ago
Ah, so you plan on blackmailing the woman for the benefit of your husband.
The first question is, did NE declare the payments on HIS income tax?
If he did and she did not then you may have leverage against her.
Odd that you waited 10 years to take action.
The other problem is that "Child Support" is paid to the child, not the mother. If she used that money for HER benefit then she could be in trouble. '
However, again, you need proof that that the money you gave to her was for child support and as you decide to NOT do things officially (again) that might be a problem.
How does the court know these were not gambling debts, for example.
She could say that he has not paid one cent of child support.
Get m meaning?
- babyboomer1001Lv 74 months ago
If she failed to report the child support she was receiving, she could be charged with fraud, if and when the child support office finds out. If she is still entitled to some assistance, the benefits would be lowered, when they know that she is already receiving child support from the dad. Except, she would likely be making her bed in prison for a while, for fraud and she would be required to repay ALL of the money that she wrongfully received.Source(s): Certified Paralegal, with 25+ years' experience.
- InLv 74 months ago
"My husband has 1 biological child and 1 non biological child with his ex." Your husband and his ex gave birth to an android?
If you husband was paying child support for the non-metallic child it would have been because of some sort of agreement between he and the mother regardless of whether it was pursuant to any court order. If the new court ruling has support being paid by the state then count your blessings and leave it alone.
I would suspect thought that the actual terms of the ruling are that your husband will now make support payments to the court and the court will send the payments to the mother instead of your husband making payments directly to the mother.
- Anonymous4 months ago
Interesting question, seriously. I don’t know if it’s necessary to ask it 5 times, but interesting all the same.
Coparenting and child support are totally different things. Anyway, if she was defrauding the Government by not reporting child support, which is considered to be income, yes, she could be compelled to repay the benefits she received. That could be a judgment against her, reduction of HER benefits, seizing of her tax refund. In some States she could lose her car.
The problem is how your husband declared this monthly payment. Did he claim it on a tax return (laws have changed within the past 10 years)? Was he aware that she wasn’t claiming the payments as income? Were YOU aware or did it just come to your attention. I’d be very careful not to appear as a co-conspirator.
In general a State will not punish a child by lowering child support due to parental fraud.
I’m confused. You went to mediation and “settled.” Any agreement MUST be ratified (ordered) by a Judge. Did that happen?
I suspect that if your plan is to cause problems for her your effort is going to bite right back at you. Five Hundred a month for TWO children for ten years is ridiculously low in my State.
In SOME States child support paid outside a Court Order is a gift, not support, and the mother could file for retroactive support for 10 years.
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- StarryskyLv 74 months ago
Varies by regional administration. In some areas, only about 10% of payments for child support actually gets to the family members. Rest is used for state office functions costs.
For important legal questions, lawyer, lawyer, lawyer.
- A HunchLv 74 months ago
Your stepchild's mother was being paid a gift each month since there was no court order.
If the assistance document asked about "gifts" and she didn't tell them about the money, she could be in trouble. It is unlikely that the paperwork asked about this....
Will her benefits be reduced now that your spouse is paying through the courts? Maybe.... but $8.33 doesn't go very far to support a child...