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RayAnswers, Lawyer
Category: Family Law
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Experience:  29 years as a family law lawyer .
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My children were in the Idaho Foster Care system last fall.

Customer Question

My children were in the Idaho Foster Care system last fall. We have been served with papers that we are being Sued by the State of Idaho for child support during that time. I am looking for a law, rule, code, etc. that would specify if it is our obligation to pay child support for the time our children were in State custody or only for the time they were away from our home (approx 30 days less time). I haven''t had success in discussing with State librarians, etc. but they did say there might be a precedent set in a past case that might give us a clue about what the general rule for this is.
Submitted: 6 years ago.
Category: Family Law
Expert:  RayAnswers replied 6 years ago.

Thanks for your question. there are two situations here where you may owe for support. If the court gave custody to the state and set support for you to file you may owe arrearages.

If they did not do this at the time but federal dollars in the form of medicaid or other benefits were paid on behalf of the children then yes they may attempt to set some support repayment amount that would allow for recovery of these expenditures. One of the functions of Idaho Child Support is to do just that so that the funds if recollected can be reused for more children in the future.

Attached is the web page for Idaho Child Support/Social Services. Note the information about medicaid, this is probably where the expenditures were made for coverage for the child/ren and they are trying to recover some of the expenditures. I understand how this came as a surprise but it is within the law for them to do so. Hopefully you can negotiate something you can live with here..

http://www.healthandwelfare.idaho.gov/portal/alias__Rainbow/lang__en-US/tabID__3337/DesktopDefault.aspx

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