Q: Is it legal for a state to take child support from a father when, he has sole custody of his daughter?
My current boyfriend was with his ex for 13 years. They have a 6 yr old daughter together. About 2 years ago, she decided to take the daughter and move to California without the father's concent. She filed for child support while living they're, but on Christmas morning 2015 his ex passed away. After going through the proper procedures he now has sole custody of their daughter, but still has to pay child support to the state of California . I forgot to mention my boyfriend and his daughter have been back in Florida since shortly after his ex passed away. How can the state take money out of his pocket which is supposed to be for his daughter, but yet she doesn't get any benefits from it?
A: It appears to be welfare that California paid to the mother. The state is entitled to go after this, to the extent he owed child support to her. It shouldn't accrue after December of 2005, although there may be interest, costs, etc. added on.
A: It appears to be welfare that California paid to the mother. The state is entitled to go after this, to the extent he owed child support to her. It shouldn't accrue after December of 2005, unless the state had custody from Christmas of 2005 until he got custody back. There also may be interest, costs, etc. added on.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
