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Asked 6/14/2011

Back Child support laws in california

Back in 2000 I was on welfare and a support case was opened. I closed the case due to good cause because he beat me up when he saw that he owed 30k. Myself and child had no contact with him for 8 years total. Then last year he called out of the blue wanting to apologize to my daughter and get to know her. I filed for sole custody after that phone call and won and my attorney convinced me to go for support. I did which was the first time in 12 years he ever helped. He's been paying I give him that but I feel that he should pay back the money he owes the county.Everyone else financially took care of this kid but him for almost 13 years. If hes changed and wants to step up then I think it's only right. The CS agency is not enforcing the order but I go back to them can they reopen the 2000 case against him if I state good cause no longer applies?

 
 
 
 
 
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Answer 1/2 - Submitted 6/14/2011

Even though California has no statute of limitations on collecting child support, you withdrew from the earlier case, which in effect stated you didn't want his support. The reasons at this point are immaterial, since you could have gotten a restraining order to protect yourself and the child, filed criminal complaints, etc had he struck or threatened you.

However, a competent attorney can give you a better picture as to what remedies you have to try and get the county and state to collect anything they paid so it doesn't fall on you later on. He or she may also be able to get a year or so of back support but I seriously doubt you can go back 11 years.

 
 

Answer 2/2 - Submitted 6/14/2011

I am a little confused at what your stating here, if you were on state (welfare) benefits then you had to sign a form granting the state to go after the father for child support if there was already a child support enforced though the court when you applied for assistance then you would of recieved food stamps, your income if any would be deemed for food stamps, you would of been able to get medical, now when it came to cash assistance, if you were recieving child support you would of had one of two choice's. To keep recieving the current child support or to take the state cash assistance and the state would recieve the child support minus $50. every month in which a child support is made, the first $50. of current child support is paid to you and will not reduce the amount of your CALWORKS benefit. The remainder goes to pay the county for benefits you recieved. Now with that being said if the children were over the age of 5 years you would not of been able to recieve cash benefits. If the state filed against the father to recoop any benefits that they paid out to you minus food stamps then I am not sure how you were able to stop a current child support order. If you were able to sign off on child support then the state must have a case selerate for the father to recoop their money. If he is now paying child support then it is not for you to worry about how the state goes after the father to recoop their money. Your talking about two different issue's here. The state is the only one that can file against the father you cannot. You can consult with a lawyer as you should before filing any petitions though the court. Also do not be concerned about how the father feels he bought the children in the world so he should stepup.

 
 
 
 
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