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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30168
Experience:  Attorney with experience in family law.
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I have a order support .00 a month and temp custody order is

Customer Question

i have a order for child support for 300.00 a month and temp custody order is shared. we r coming up with a child stipulation. were i get full custody of my 10 and he gets full custody of the other. he wants me to terminate child support to pay voluntary support. in the child stipualtion he wants to put it in there saying i terminate and then have a writing agreement for support.
if i do terminate child supprt will i lose my benafits for the state. i get medical and foodstamps from welfare and my daugther gets SSI. also pcap for electrica. will i lose them.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

If you terminate child support, the state will go after the father directly. You'll be required to help the state collect child support from the father, or they'll take 25% of your monthly benefits. The state would then take the money they collect from the father and give it back to you. That means it doesn't help you or the father for you to terminate support in this situation, and it increases the burden on state employees/the taxpayers. There's no reason to agree to what he's suggesting until your income increases enough that you don't need public assistance. It just complicates things for you and means you have to wait longer to get your money. A person receiving public assistance can't waive child support.

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Customer: replied 1 year ago.

the child support just started this month. and i do not get cash help.

they child support agreement is going to be in an agree done between our lawyers. all these years he give my money for support and had to write letters or show check that he gives to me.

right now i feel that 300 is not worth her. which i mean if i go to the judge for custody he will have everyother weedend and she has to spend the night. she has no room there and plus thid guy 19 years old lives there.

i have seen things and heard things about this guy that i dont trust. father is not there most of the time or not paying attaction.

she is ten but has been in woman hood for 4 months now. (monthly)

Expert:  Lucy, Esq. replied 1 year ago.

Even if your lawyers sign an agreement to waive support, the state will still go after him to pay it. You're paying the lawyers for nothing if they write that agreement. If you refuse to assist the state in collecting support from him, they will take 25% of your benefits. Again, there is no benefit to anyone in you agreeing to terminate support while receiving assistance.

Custody is a separate issue. You can argue to the judge why your daughter should not spend every other weekend at her father's house when she does not have a bedroom and a stranger lives there with him.