Are you receiving CalWORKs? Or, is your ex receiving CalWORKs? Whether
you’re applying for it, already receiving it, or your ex is receiving
it, you may want to know, “If someone receives CalWORKs, does it
affect how much
child support they receive?” In this article, we explain what CalWORKs is and
how it impacts a child support case.
For starters, let’s discuss what CalWORKs is. “CalWORKs is
a public assistance program that provides cash aid and services to eligible
families that have a child(ren) in the home. The program serves all 58
counties in the state and is operated locally by county welfare departments,”
according to the California Department of Social Services (CDSS).
If a family has little to no income coming in and it needs money for food,
housing, utilities, clothing, or healthcare, they may be able to qualify
for short-term assistance. If a family qualifies, it may receive money
every month to help them pay for food, housing, and other necessary living
expenses through CalWORKs.
Does CalWORKs Impact Child Support?
What if a parent is
divorced and they’re receiving CalWORKs or KinGAP, which are otherwise known
as welfare or cash assistance from the government, do those benefits impact
their ability to receive child support in any way? Yes, they do.
Under the law, a parent can receive EITHER cash assistance OR they can
receive court-ordered child support, but he or she cannot receive both
at the same time. So, if a custodial parent is receiving cash assistance,
they will receive only $50 of the court-ordered child support, and the
rest of it will go directly to the state to repay whatever cash assistance
the parent was given.
So, if you’re the noncustodial parent and your ex receives cash assistance,
it won’t change how much you pay. All but $50 of your child support
each month will go directly to the state to repay if for what they have
given to your ex. On the other hand, if you’re receiving government
cash assistance, you can expect to receive $50 a month for child support.
Can I Include Child Support Arrears in Bankruptcy?
We hope this article answers your questions. If you need assistance with
a divorce, child support, or child custody case,
contact Claery & Hammond, LLP for a