Question about CS after Biodad take Bm to court
I have a question for those of you that have any knowledge about what happens with CS that was initiated by the state due to BM being on welfare/foodstamps after biodad takes mom to court.
Dh's story is that he began paying Bm CS directly after their split 3 months after Ss was born. During that time Bm got on welfare, foodstamps, medicaid and had the state pay for a school program (Fwiw, Bm never put any use to said pgrm and now refuses to work). Shortly after Bm started getting asssitance, Dh was notified that the state was taking him for CS due to Bm being on the system. Ss was born the middle of 2008 and this happened in 2009. Since that time Dh has had 1 review which happened in 2012. I don't know about everywhere else but in our state, CS reviews happen every 3 years. I've been getting our records ready (taxes, paystubs etc) for the review that should happen this year but haven't seen anything yet and have been getting anxious because I want to get it over with. The last review was done I around the end of april of 2012. The only thing that has changed is that Dh took Bm to court.
Soooo Dh was discussing this with someone at work and they said they thought that once one of the Bio's takes the other to court, that the only way reviews happen is if one of the bio's requests a review because the state is no longer involved. Does anyone know if there is any truth to this? If the review that I thought was coming, comes, I know that Bm will more than likely get an increase and I want to get it out of the way so I can recalculate our budget and also this will be the first year that my information will be included (bc we are now married) and that wigs me out a little... I know they can't use my income but it still bothers me. What Dh's co-worker told him seems a little too good to be true but at the same time doesn't seem too off considering Bm isn't eligible for assistance anymore now that she's married and also being that the current CO is based on Dh taking Bm to court... So why would the state care if she's getting increases or not? The garnishment is still being taken out by the CS office because Dh requested that that remain in place so that he didn't have to pay Bm directly but does that matter? Has anyone been in this situation? Thoughts?
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We are in the same situation
We are in the same situation and I'm sorry to disappoint you but a review will happen every three years regardless of court hearings. It's because she is on welfare, that will automatically cause for a review. Welfare takes a portion of the CS to try and get back what they have paided out.
That makes total sense but Bm
That makes total sense but Bm isn't on assistance anymore and Dh paid back everything she received from them back in 2012... Do you know if that makes a difference?
Are you 100% sure she is not
Are you 100% sure she is not on any program?
If she is not then SHE has to requested a modification, and you can only request one every three years. Maybe you haven't received any papers due to her either being late at requesting it, or she doesn't know she has to physically request it now.
Ehhh... I think so? lol. She
Ehhh... I think so? lol. She text Dh a few weeks ago and told him she isn't getting medicaid anymore so if she isn't getting medicaid because of her husbands income, wouldn't that mean she couldn't get anything else, either? I've never applied for asssitance so I don't know their thresholds so I could be wrong... That's a good point though, I hadn't even thought that maybe there is a chance.
Yeah... I would think they
Yeah... I would think they wouldn't review if you weren't on assistance. I mean if you think about it, if the state isn't helping you, why do they care if you get a review? Ya know? You may be right about the address thing if they notified her that she needs to ask for a review. She's moved a few times recently and I doubt she updates the CS office.
Our state sends the letter
Our state sends the letter too to both bios.
We have CS still set up from
We have CS still set up from over 6 years ago.
Its never been reviewed, there is NO automatic review process in my state, if we feel things are dramatically changed we can ask for a state review.
But there is NO automatic review in my state at all.
I feel like Bm would be too
I feel like Bm would be too lazy to request a review. The weird thing is, when they were in court the judge asked if she wanted a review at that time and she declined it... Dh and I were floored because we thought for sure there would be a review. I made Dh take in paystubs and w2's because we were fully ready. I don't understand why she didn't take the review though...
Here, it's every 3 years but
Here, it's every 3 years but only if requested, it's not automatic. I cringed every time we got the letter, knowing BM got one, too, but she did not request a modification for 9 years (which was very surprising). For awhile, I suspected she even had SD on medicaid, there still were no reviews.
If the BM is not on any assistance, the state more than likely will not automatically do a review.
BM here has never requested a
BM here has never requested a CS review. She has threatened it but never follows through. DH has told her that if she wants to do it, then do it, he has a lot to say in court and she won't like any of it. BM has been investigated by CPS several times, SSthen10 was removed from her care and given to DH for medical neglect. SS15 has been in court with truancy and possession of pot, has had sex in a public place all under BM's watch. Easily the skids could be taken from her care permanently with cause. BM knows this, so she can threaten all she wants, she won't actually do this for fear of losing all of her payche....oh, wait, CS for the skids.
She has been on Medicaid and received food stamps and emergency funds but that goes against her current (estranged) husband, not DH. She lies to the state agency about having another income in the household. She lives with her BF/Fiancé.
In PA it's every three years
In PA it's every three years but not automatic. You have to request it.