need help on TANF notification in Missouri

[T_Man]

I've read the article in the archives about stopping unjust TANF recovery, and I'm looking at, well, just that, unjust TANF recovery. My wife may have received as much as 11 months of support over a period of time wherein I supported her and we even resided together for 5 months or so. I have received zero notification from DCSE although I have lived at the same address for more than 3 years and worked at the same job for more than 5.

I couldn't find the requirements for notification in my state. I'm looking specifically for the statute requiring CSE to make an attempt to notify the supposed "NCP" that the spouse is receiving support.

If I could track down the statute it would at least give me a small chance to reconcile repayment with reality. She's never had a court order granting her custody or support. CSE is screwing me by not notifying me of when she is filing for assistance and any help would be much appreciated.

[Peanutsdad]

bump

[Peanutsdad]

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[T_Man]

Thanks for the bump, and I'll give it another for myself. Maybe if we track it down we can put it in the links for Missouri. I've tried a lot of times to search the DCSE site and it's usually not working for some reason.

[MissouriGal]

Tman

I've never heard of a statute that requires the CSE to notify the absent parent that the CP is receiving benefits. You usually don't know they did until you get a notice from the state that you owe for those months of assistance.

But, here is a place to get you started looking. I went down the list, and couldn't find a thing that even resembled what you are looking for.

http://www.moga.state.mo.us/STATUTES/C208.HTM

[T_Man]

I read in the SPARC archives that there actually is a statute in most states but the agencies generally find ways to get around it. My experience is generally they wait until a few months have been racked up and then notify the parent. But even still, not even that has happened in this case.

The delay is in theory because of beaurocracy because the filing party speaks to a caseworker, then fills out various paperss, then various separate papers are filled out and sent to DCSE which is a separate entity. Then DCSE begins the court process and notifies the parent that is going to be garnished.

Obviously though, if we're talking about legally married people who are living together between separations and the parent who ran with the kids during separations is receiving money, and none of this is brought to the attention of a caseworker, then there are going to be problems.

There is in fact a notification process. I've actually received the documents before in a separate instance so I'm aware of it.  I guess the best explanation is that DCSE waits until they have a court case scheduled before notifying the parent to make it much harder on the supposed NCP. That way they can begin garnishment while the default NCP is supposed to be able to- on 50% of his or her income- hire a lawyer and come up with more evidence than the state uses to institute the death penalty. (I say supposed NCP, because I'm not talking about divorced couples, and in my particular case I was the divorce petitioner and with an ongoing divorce she has moved the kids across the state several times.)

Technically, there's no right whatsoever for any agency to garnish income without some sort of due process. It's amazing how ill informed the public is of this matter in general, believing that child support is only awarded after a divorce. I mean, I was living with my wife up until a few weeks ago, yet she may have racked up a year in arrears even though I supported her.

Thanks, I'll check out the link.

[StPaulieGirl]

I'm a little confused.  Has the county started garnishing your paycheck?

Technically, your wife could be nailed for welfare fraud.  Don't hold your breath, though.  Many years ago, a friend of my ex husband lived with us.  He and his wife divorced.  He paid her cash to help support their daughter.  She had petitioned for a name change at the time of the divorce.  She used that name and social security number to work.  At the same time, she used her former name and social security number to  collect welfare benefits.  This man busted his butt trying to fix this mess, only to find out that they didn't care.  He owes thousands of dollars to this day.  Don't forget about the biblically prohibited interest rates charged to this amount, either.

I hope you can clear this up.