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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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whats the difference between child support and welfare please

Resolved Question:

whats the difference between child support and welfare please let me know i have a child and his baby mother gets money and i havent received anything from the child support? i want to take her to court beacause i buy him everything and how dare she getting extra money for no reason and we split the child every week so what can i do? can she even have all the benefits even if he lives with me 4 days and with her 3 days and i buy him everything he needs ?
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Child support is paid by the non-custodial parent to the custodial parent. Welfare is paid by the state. Where a parent is capable of paying child support and isn't, if the state provides assistance to the custodial parent, the non-custodial parent can be made to repay the state. A person has to apply for and be eligible for welfare, but all custodial parents are entitled to child support (provided they go to court to ask for it). There are a number of different state programs that a person may qualify for - it's not automatic. The term "welfare" includes a lot of different programs, so it would help to know specifically which ones she's receiving, but commonly, that would be Unemployment Compensation, Disability Compensation, or the WIC program (which provides milk).

If you have the child more than half the time, and pay for everything, you can go to court and ask the judge to order your ex to pay you child support. This site has the forms and instructions you need to get started.
http://www.courts.ca.gov/selfhelp-support.htm


This calculator can help you figure out what you might be entitled to, but if her only income is public assistance, that may not be much. Also, even if you have the child more of the time, if you make significantly more than her, the judge could order you to pay her. So, review the calculator carefully before you file anything to verify the numbers.
http://www.childsup.ca.gov/Resources/CalculateChildSupport/tabid/114/Default.aspx


Just be aware, if you sue her for child support, she's likely to counter-sue for sole custody. If you don't have a custody order, then you may want to do a preemptive strike and go ahead and file for custody at the same time you file the support order. This site has forms and instructions.
http://www.courts.ca.gov/selfhelp-custody.htm


Good luck.
Customer: replied 2 years ago.
you know what i think she gets Unemployment Compensation but if its not that for sure will be WIC and why would the judge order me to pay her if im not supporting her only the child ? isent that the mothers problem not mine ?
Expert:  Lucy, Esq. replied 2 years ago.
Child support is paid from one parent to the other, for the benefit of the child. It's not paid by the government. So, if you're not giving the mother any money, the judge can order you to pay her support. If she makes more than you, the judge would be able to order her to pay you, but if she's receiving public assistance, that seems unlikely. If you each have the child half the time, and you make about the same, then likely neither of you would have to pay the other.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19926
Experience: Attorney with experience in family law.
Lucy, Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
lets say me and her go to court if the judge ask me if i have a job and i say sometimes helping my uncle merchandising and pays me cash would they investigate me ?
Expert:  Lucy, Esq. replied 2 years ago.
Yes, they would. It's illegal to accept cash payments "under the table", so they would investigate both you and your uncle, unless you could show tax returns where you're reporting self-employment income - and you fit within the definition of an independent contractor, which is different from an employee that simply gets paid cash. An employee is told what to do, and when and how to do it, and is given the tools he needs. An independent contractor is given jobs or assignments, but generally has autonomy to decide what hours to work, and how do to the job, as long as it's done on time. He often (but not always) will work someplace other than the company's primary place of business and will use his own tools.
Customer: replied 2 years ago.
well my uncle is an independent distruboter actually for a company so would he still get in trouble for paying me under the table?
would they check my bank account also ?
Expert:  Lucy, Esq. replied 2 years ago.
They'll probably want to see bank statements, yes.

It's illegal to pay an employee under the table, period. It doesn't matter who the person is, what his job is, or why he does it. If you're legitimately an independent contractor, then it might be OK, but you'll have to show some intent to pay taxes - such as by making quarterly tax payments, or declaring the income on your tax return last year. It also really won't help you if your uncle could have you work full time, and pay you for full time work, but you choose to work less than that in order to avoid paying child support.
Customer: replied 2 years ago.
hmm i see,
and if the judge ask me if i have a job whats the best i can say ? beacause iam like an independent contractor...

and would it helped if the judge knows i have my son fri-monday morning and her mother monafternoon-friday night time?
(what would he or she say about this?

p.s the mother dosent have a job or a stable house for her to keep my son in a safe place what would they say about this situation and she is in probation and im not

Expert:  Lucy, Esq. replied 2 years ago.
If you're in court, talking to the judge, you're under oath, so you're supposed to tell the truth under penalty of perjury. I can't tell you to lie to the judge. If you're an independent contractor, tell him that. He'll probably ask how many hours you work and how much you get paid, and he may have some other questions.

The judge may or may not be interested in the custody situation. What he's trying to determine is whether you can afford to support the child, so it probably won't make a difference. The mother's living situation can affect custody, but from what you've said, the judge is really only interested in whether you can afford to support your child.
Customer: replied 2 years ago.
so is it better to tell my uncle to pay me with a check ?

would that be better ?
Expert:  Lucy, Esq. replied 2 years ago.
If your uncle pays you with a check, then you'll have proof of your income. That's what the judge is going to want to see.
Customer: replied 2 years ago.
ok that sounds better what if they ask me what company i work for ? what do i tell them? that im just independent contractor i work for myself? or as a merchandiser (because i do merchandise product as stores like Safeway...
Expert:  Lucy, Esq. replied 2 years ago.
You have to tell the truth. If you work for your uncle, that's what you say. If you're an independent contractor, that's what you say. If you're not actually employed by Safeway, you can't say that you are, but you can name some of the different companies that you do merchandising for. If you just say, "I work for myself," the judge will have follow-up questions. Just answer as honestly as you can.
Customer: replied 2 years ago.
hmmm ok but im not going to court.. i got a child support case open recently.. ive talked to the lady and she said shes going to look at the case and call me back for and appointment... what does that mean ? is there going to be a court date when i go see her or what?
Expert:  Lucy, Esq. replied 2 years ago.
Not necessarily. From your earlier comments, it sounded like you anticipated going before the judge. If that's not the case, I apologize. Still, if they're investigating you, it's best to tell the truth. If they find out that you were being evasive or hiding things, that could cause problems down the road.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19926
Experience: Attorney with experience in family law.
Lucy, Esq. and 8 other Family Law Specialists are ready to help you

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