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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118072
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have a question, I am a parent to my Nephew who is 18. In

Customer Question

Hello I have a question, I am a foster parent to my
Nephew who is 18. In April of this year I was awarded kinship for him. I received a letter in June saying that I was getting back payments from April to June. I also during that time was recieving foster care for him being that he was still in foster care at that time. I got a check in July from the state and I also received foster care. I got a call from his worker saying that why was I recieving two checks and that I wasn't entitled to get both and I proceed to tell her that I didn't know this that I though that when I received the letter from the state so did she and sh would stop the foster care payments. Now she is blaming me for this mistake when clearly I had no idea that I wasn't entitled to both so now she says I have to return all the money i got for him from April until now which I don't have so my question is : what are my rights? What can i do going forward? If I had the money I would give it back but I don't and it wasn't my fault. She was supposed to stop the payments but never did so what can I do now? I researched online and it said that they can't make me repay it if it wasn't my fault and I wasn't intentionally committing fraud which I wasn't so what can I do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You are not entitled to two checks for the child. Even though you had no idea and this was not intentional, you will still be liable to repay it. I am sorry you no longer have the money, but yes they COULD make you repay it and the ONLY PERSON who has the authority to waive the repayment is the director.
So you have to send in a written request for waiver of reimbursement to the director and you need to explain how you did not intentionally apply for both benefits, but they were provided and you did not know any better and thought you were entitled to both. You also need to explain your financial circumstances and that you do not have sufficient assets to repay the money and ask that based on your significant financial hardship and the fact the money went to you through no fault of your own, that the director waive reimbursement.
If the director refuses to waive reimbursement, I do not know what you read online, but from experience with clients it is not true that they cannot collect and they can take federal and state income tax refunds and even garnish federal or state benefits and wages or retirement accounts because this is a government debt.
Customer: replied 1 year ago.
What I meant was that they cannot take the money out of the current benefits that I am getting for my nephew unless I give them permission to so is that true?
Customer: replied 1 year ago.
if I am liable to repay it but can't pay it all at once can i pay monthly or howmwpuldmtheu go about collecting the money from me?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply and clarification.
That is correct in that they cannot take it from your current child benefits without authorization.
You would be liable to repay if they do not give you a waiver as I said above, but most times they will set up a monthly repayment schedule for people to repay the money if they cannot repay all at one time.
Customer: replied 1 year ago.
as long as I pay them accordingly they will not garnish my wages or take my income tax?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, as long as you pay them in accordance with the agreement they will not garnish you.