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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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Im need to prepare a statement requesting adoptionassistace

Customer Question

Im need to prepare a statement requesting adoptionassistace money from my x because its my son's money
Submitted: 10 months ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 10 months ago.

Hello. I am going to be assisting you with your question today.

Please note: This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

How can I help you with your statement/request?

Customer: replied 10 months ago.
My younger son receives aap money from the state of ca. The court split the money between both boys. Do my x had 477.50 adv and she writes me a check for same amount. I have had physical custody since july. I need to show her by law that the check is for my son and his nsme is on the check.
Expert:  MIAMILAW1127 replied 10 months ago.

I don't think I am the best expert to help you. I am going to opt out to allow another expert to assist you.

Customer: replied 10 months ago.
In reaearching aap program info in calif. The mobey is to benefit the child. Also in the xspouse calculation she said s says that the money should be included in the cs and ss calculations.
Customer: replied 10 months ago.
Please see attached.
Customer: replied 10 months ago.
The son with the payment is with me fulltime. His mother isn't willing to have him at her house
Customer: replied 10 months ago.
Because eas considered a safety risk
Expert:  LegalGems replied 10 months ago.

Hello;

Are you trying to determine which parent is entitled to the check?

Or are you trying to determine if the subsidy may be used in child support and spousal support calculations?

Customer: replied 10 months ago.
Both. What i need to do to request funds she owes me from that money.
Expert:  LegalGems replied 10 months ago.

The money is to be used for the purposes of supporting the child.

The federal plan, codified at 42 United States Code § 670 et seq. (1994 and Supp.1999), was passed in 1980 as part of the Adoption Assistance and Child Welfare Act. Essentially, the program provides federal reimbursements to states that pay benefits to parents who adopt children with special needs.   2 Joan H. Hollinger, Adoption Law and Practice § 9.02, at 9-6 (Supp.1999).   Every state now has an adoption assistance program, and, because the statutory provisions governing the federal program are in Title IV-E of the Social Security Act, the benefits are typically called “IV-E benefits.”

Adoption assistance subsidies are not income to either parent, therefore they cannot be considered income in the child support calculation. Hamblen v. Hamblen, 54 P.3d 371 (Ariz. Ct. App. 2002); In re Paternity of M.L.B., 633 N.E.2d 1028 (Ind. Ct. App. 1994); Strandberg v. Strandberg, 664 N.W.2d 887 (Minn. Ct. App. 2003); County of Ramsey v. Wilson, 526 N.W.2d 384 (Minn. Ct. App.1995); A.E. v. J.I.E., 179 Misc. 2d 63, 686 N.Y.S.2d 613 (Sup. Ct. 1999).

CA family code specifically states that child support is to be based on the parent's income (and parenting time) -

4052.5. (a) The statewide uniform guideline, as required by federal regulations, shall apply in any case in which a child has more than two parents. The court shall apply the guideline by dividing child support obligations among the parents based on income and amount of time spent with the child by each parent, pursuant to Section 4053.

Under statutory interpretation, this would exclude any income attributable to the income of the child.

The court would need to make a determination as to which parent should have access to the adoption assistance subsidy; they may apportion it between the parents based on the timeshare, may order it to be paid for certain expenses of the child (if for example, the child has special needs, the money would be ordered to pay for those related expenses) or if it is to be held in trust for the child.

I hope this helps! Please let me know if you have other questions; kindly rate positively otherwise. Thank you!

Customer: replied 10 months ago.
How can i get the first order corrected since that portion was allocated 50 50?
Also the money was fur benjamin not Alex the older.She psid no daycare so i can ask fur it with documentation. Right?
Expert:  LegalGems replied 10 months ago.

Typically the order will state that add on expenses (ie child care) are to be divided 50/50.

One would file a FL300 requesting modification of the child support order.

If add on expenses are not specifically addressed in the order, that can be included in the new FL300

Customer: replied 10 months ago.
considering that I've already had to pay for childcare since June of 2015 I can put that into the FL 300. Now as far as other expenses such as debt and Sport expensive but I also put that is part of the FL 300 and do I just request on that for the back pay or the back money that she owes me for the money that was part of the the custody percentage that I had. For example as of July 2015 I had my younger son full time and because she wasn't 410 she wasn't seeing my younger son I ended up having him every weekend that was agreed upon in the order. Also do I do the same thing with the child support and spousal support how do I get my money back for the difference that they goofed on with the putting the income or the adoption assistance money into the income calculations which the check approved
Expert:  LegalGems replied 10 months ago.

The court won't modify an order prior to the date of the filing of the FL300. So if there is a basis for reducing child support, the court will only make that order going forward- unless there is a mistake of law- such as the adoption assistance program.

Then one can request the court to modify it based on the money being counted as income.

but any proposed modification because of a change of custody/visitation will not be retroactively modified.

Let me get you a link to the child support services- they will actually assist, for a nominal fee, in child support modifications. Can I get your county please?

Customer: replied 10 months ago.
Sacramenti
Expert:  LegalGems replied 10 months ago.

Thanks; a few minutes please.

http://www.dcss.saccounty.net/Pages/default.aspx

Here you go; under "services" click "open a case".

They will help with modifications (and collection) of child support issues.

Did you have any other questions on the above?

Customer: replied 10 months ago.
do i just not deal with the attorney in this vcase and just present the modification including the fl300? Also does are aap go on the fl150?
Customer: replied 10 months ago.
Also if i want to use u for the community part of the case. Do i just pay again? Or can i just secure you as a resource?
Expert:  LegalGems replied 10 months ago.

If the other parent has an attorney, they need to receive copies of the paperwork. The Child support services attorney would see to that.

The AAP does not go on the FL150- that only deals with the parents' income, not the child's.

We aren't allowed to represent individuals as are contacts are limited to this page. I can get you a link to the state bar attorney referral page.

If you have other questions in the future and are in need of information you can request me by putting To Legal Gems in front of the question.

http://members.calbar.ca.gov/fal/membersearch/quicksearch

Please don't forget to rate the information provided either *Good or *Excellent so the site credits me for assisting you.Thanks!