I divorced my ex wife 5 years ago. The divorce judgement indicate that I have physical custody of my two kids. Therefore, I did not have to pay any child support. However, later my ex and I VERBALLY agree that she will keep the kids and will not ask for child support. About one year ago, her boyfriend left her and she applied for welfare. As the result, the California Child Support Service Department get the child support money directly from my paycheck.

My 1st question is: my original divorce judgement has not been modified in any way. why the Child Support Service Department can force me to pay for child support?

My 2nd question: I want to keep kids but my ex does not want me to keep my kids. Can she do this although my divorce judgement have not been modified?

Thank you for your input.
Jimmy

I think you can ask the Child Support department to close the case since your divorce judgement show you have the primary cusdody.

If she has physical custody and applies for aid, then they can come after you to pay or reimburse the state for it. She did not ask you for support as per the agreement, but you still pay support. Maybe you two should try to sit down and discuss this and come to an agreement.

My ex wife have been getting child support from me via Child Support Department. She already dropped the publid aid because she can get a lot more money from my child support payment. I wonder if I bring my case to court to gain the custody of my kids back, will the Child Support Department will be involved? My ex told me that she doesn't care if I want to go to court because an attorney from Child Support Department will be with her for free and I have to pay a lot of money for my lawyer. My ex told me that she hire a babysitter for my kids because she work part-time but many time I called to check on my kids and they were staying home alone by themselve (my kids are 6 and 12 years old). Do you think I will have a strong case if I tell the judge about this if I went to court.

Please advice,
Jimmy