Tuesday, May 11, 2010

Can you cancel a complaint against an absentee parent for child support that was made by the county?

When I applied for cash aid (TANF), they apparently filed a complaint against my daughter's father because he isn't paying child support. I know he's unemployed and I don't want any money from him. Can I have them cancel the court summons and stop harassing him?Can you cancel a complaint against an absentee parent for child support that was made by the county?
No you cannot, federal law stipulates that when you apply for assistance, that money is then recouped by way of child support from the noncustodial parent. The only way that child support will drop the case is if you are off assistance and everything due to the state for assistance paid out has been recouped, then you can have the case closed. It's part of the Social Security Act, Title IV-D that states recoup TANF money paid out by way of child support collections, this is not optional.Can you cancel a complaint against an absentee parent for child support that was made by the county?
Highly doubtful if you are applying for aid. This is a mandatory action by the state to attempt to re-coop some of the monies they are giving or considering for you and your daughter. But if he is unemployed he needs to contact the courts and inform them of this, otherwise they could issue a warrant for his arrest for nonpayment of support. The court summons is to determine why he is not paying or how much he can pay, if he ignores this he will be paying by doing time.
Unless he has a good reason to be unemployed i.e. health reasons then he should be working and supporting his children. I do not know if you can cancel the court summons to stop harassing him - and like it or not you should be receiving money from your daughters father and not expecting state or aid agencies to support her. Too many men get away without paying for their children and the state ends up paying. It's his duty as a father to pay - if you are afraid of reprecussions because of the summons then you must seek advice and protection in the form of a restraining order. Otherwise there is no excuse for you wanting no support from for you child.





If it is just a matter of pride then you are foolish. If you don't want the money to feed or cloth your child then put it in a trust for when she is older - you obviously need financial support otherwise you wouldn't be applying for aid. If the government collected every penny owed to the women and children by absent fathers the country would be in a better position financially. Sadly men, all to often, refuse to work in order not to pay child support. It is your duty as a mother and a citizen to get child support from your ex partner.
Good question It may be possible The best way I can think of would be to send any Support check back to the county telling them You want No support money from the child's father or if they keep sending it to you send it back to the child's father.

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