• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Child support and Public Assistance

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

nomeansno

Member
What is the name of your state? Colorado

I just have a quick question, does anyone know what forms of public assistance are eligible for repayment by the non custodial parent through their child support obligation.

As short as possible.

I became disabled two years ago (spring of 05) a year later in Spring of 06 I applied for public assistance, Medicaid and Food Stamps only. I did not apply for or receive any form of cash assistance, I did apply for Colorado Works but they could not help someone with my level of disability obtain employment.

Because of my medicaid application, I was required to reroute my child support through Child support enforcement. They have had a considerable amount of trouble getting my account straightened out, at first they were showing my ex in arrears in an amount over $3000. He has never missed a payment, but after several attempts in writing, they still insisted he was in arrears.

They finally allowed me to sign a waiver regarding all "past due" amounts. I told him I had taken care of it, and this month it should be corrected.

This month they still took out the additional amount of support... and I still have not received payment. I called and clarified that they did receive his payment on the 29th of last month, and discovered that they are now holding him responsible for $3176 owed to the State "for benefits received"

He is in the military, and the kids have Tri-care benefits. It covers a little over half of their medical care... according to the court we are both equally responsible for the remaining amount. I have not asked him to pay any amount of the bills prior to applying for Medicaid.

Since they did not specify what benefits they are holding him responsible for, I am not sure at this time if it is Medical or food Stamp benefits if any.

If it is medical, it doesn't seem right since he is already providing them with half.

I can't find anything in any of the statutes requiring him to reimburse the State for either Food Stamps or Medicaid benefits, and my current husband has never been billed for either program though his daughter is on FS, Medicaid and Child support enforcement. So I am confused...

He has always been a responsible parent as far as child support, and I hate to see them take something from him that he does not owe. So what forms of public assistance are the non-custodial parents responsible for exactly?

I obviously have a lot of letters to write, I just need to make sure I know what I am talking about before I begin. Can anyone shed some light on this before I get too involved?
 


What is the name of your state? Colorado

He is in the military, and the kids have Tri-care benefits. It covers a little over half of their medical care... according to the court we are both equally responsible for the remaining amount. I have not asked him to pay any amount of the bills prior to applying for Medicaid.

I can't address the legal issue of the child support or medicaid, but why is the Tricare only paying just over half? If he is active duty, he (and his kids) are eligible for Free Tricare Prime, which would only require you to pay co-pays if you can't take them to a Military Treatment Facility.
Additionally, if he is retired military, he and his kids are eligible for Prime at a rate of approximately $450 (I"m to lazy to look up the exact figure) a year.
 

nomeansno

Member
RE: Tricare

He is active duty in California, and we have discussed the matter a few times. What he has told me is that because of our remote location the kids are only eligible for Tricare remote. We are about 6 hours from the nearest bases in either direction. There is a Veterans hospital a little over two hours away.

I'm not sure what their actual payment policy is, but every bill I have received has paid about half and said I was responsible for the other half. For example when my oldest broke her foot they paid for the doctor and the cast, but not the x-rays and test. When the youngest had mono she got very sick, and they had to run several blood tests and a urinalysis to see if something else was wrong. The denied payment on most if not all of the tests as I recall. So as far as I can tell they do not cover any of the tests.

He also has their Tri-care cards, and hasn't given them to me. I even called and asked Tr-care to send me a copy but I never got them. Later on he said they sent them to his address, though I did give them mine specifically.

Prior to the current financial situation we did not have insurance, but my husband made enough money that we were able to pay the medical bills without difficulty. I have always tried to keep our relationship civil, and thus it didn't seem that important to press the issue.
 

nomeansno

Member
As for the other situation, after a morning on the phone I have discovered there is not much I can do. The $3176 owed to the State "for benefits received" apparently dates back the time when we were still dating, and before he adopted my oldest. I was attending school and received AFDC for two years. This was 12 years ago.

His child support comes out by allotment, and was paid to the State on the 1st and 29th of the month. They just explined to me that this counted not as two months payments but as one payment and one overage... so this months child support was applied to the 12 year old amount, and as of the first he was in arrears for this month.

They said there isn't much I can do, It's not likely I am going to get money back from the State on the matter. So... apparently not only does a NC parent get screwed if they do not pay on time... but both parents get screwed if a father pays early.

So... to those who made comments about my child support being my only source of income in a previous thread. God Bless ya! Life it seems just gets better and better, but I still consider myself blessed. I'm insane that way I suppose...
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top