I recently won my ICPC and I will be traveling in a week to get my children. My problem is that my ex has been paying the state that I am getting my children from CS. I was told that during the first 6 months that NY will retain custody of my children and that therefor the CS will continue to go to them. I live in KY and I (and my husband) will be providing ALL of my children's needs... medical, child care, etc. The state of NY will not be providing any assistance, so why is it that they will be the ones to continue to get the CS. I have asked the DSS worker that and she said that is how ICPC works there. She also went further as to advise me to seek financial help from the state I am living in. When I asked her if I could bill NY for my children's expenses she said no. I was also told that as a parent I SHOULD be providing all of their needs anyways and I stated that as a DIVORCED parent with my children living with me I WOULD be getting the CS so why is it that in an ICPC I wouldn't? She couldn't answer that. I also asked if I would be compensated and she said no. I am getting tired of hearing NO! My questions are as followed:
1. What is the universal definition of "CHILD SUPPORT"?
2. Why would a state that has paper custody of my children be receiving CS when I live in a different state and had PHYSICAL custody of them?
3. Why would one state who is receiving CS that should be going towards my children ask me to ask my state for assistance?
4. Wouldn't this be considered fraud? I mean if my children lived with a relative and I was receiving CS for them they would sue me for fraud...
ICPC and Child Support
Moderators: family_man, LindaJM
Re: ICPC and Child Support
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.
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an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.
----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----
- family_man
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Re: ICPC and Child Support
My understanding is that child support goes to whatever person or entity has physical custody of the child. If a child has his own sources of income, CPS is supposed to keep that income in a trust fund, to be remitted to whomever eventually is awarded legal custody when the case is closed.
Disclaimer: I am not an attorney, and this is not legal advice.
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