My ex is on public assistance through the Human Resources Administration. Even though my son has lived with me for almost two years, the HRA is taking me to court for child support. Can they still get support from me?
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general tips on your situation.
Every state is different in regards to how child support is determined. Most states use several factors to calculate child support, including the amount of time that the child spends with each parent and the income of each parent.
In Wisconsin, where I practice law, if a child is primarily placed with one parent, meaning that the child spends more than 75 percent of his or her overnights with one parent, then that parent is not responsible for paying child support to the parent than has less than 25 percent overnights. This may, or may not, be the case in your state.
It’s also possible that whatever custody and placement order the child support agency has on file spells out a different placement arrangement than what you are actually practicing. For example, if your divorce decree says you have equal placement, but in reality your son is with you nearly 100 percent of the time, but the divorce decree has never been modified to reflect the actual placement, then the child support agency can pursue you for child support until the order is modified.
It’s likely you can contact the child support agency prior to the hearing to learn more about why you are being pursued and to explain the current situation and see if the information may cause the child support agency to stop pursuing you.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your specific case.