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Kaitlyn Jenkins

CalWORKs child support case vs. filing directly with county court - which impacts my Cash Aid more?

I applied for CalWORKs Cash Aid last month for me and my 3-year-old daughter. During the interview, my worker said they'll automatically open a child support case against my daughter's father (we've been separated for about a year). I've been thinking about just filing for child support myself through the county court system instead, but I'm not sure if that would affect my Cash Aid eligibility or amounts. Does anyone know the major differences between letting CalWORKs handle child support vs. me filing directly with the court? Will I still need to attend court hearings either way? Would the support amount ordered be different? And most importantly - how does each option impact my Cash Aid benefits? My daughter's father works off and on in construction, so his income isn't super consistent. I'm trying to figure out which approach would be best for our situation in the long run. So confused about this whole process!

With CalWORKs, you actually don't have a choice - cooperation with child support is REQUIRED to get Cash Aid unless you qualify for a Good Cause exemption (like domestic violence situations). When you apply for CalWORKs, your case is automatically referred to LCSA (Local Child Support Agency) and they handle everything for you. The main difference is that when CalWORKs/LCSA handles it, the state keeps most of the child support payments to "pay back" the Cash Aid you receive. You only get the first $100 per month (called the "disregard amount") and the state keeps the rest. This is because they consider Cash Aid to be an advance on child support. If you filed directly with the court without being on Cash Aid, you'd get the full child support amount, but then you wouldn't get Cash Aid.

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Wait really? So they keep most of the child support money? I had no idea! So if he gets ordered to pay like $400 a month, I'd only actually get $100 of it while I'm on Cash Aid? That seems so unfair...does that mean I'd be better off just getting off Cash Aid if he actually pays consistently?

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I've been through this whole mess and can explain how it works. When you're on CalWORKs, the LCSA (child support agency) will handle everything - locating the father, establishing paternity if needed, filing court papers, etc. You WILL still need to attend court hearings in most cases, just like if you filed yourself. The BIGGEST difference is what happens to the money: 1. On CalWORKs: First $100 goes to you, rest goes to the county to "reimburse" your Cash Aid 2. Filing yourself: You get ALL the money, but then you lose CalWORKs The amount ordered should technically be the same either way because CA uses the same formula for calculating support. But sometimes people say the LCSA isn't as aggressive in pursuing maximum amounts as a private attorney would be. Consider this: if dad is inconsistent with employment, CalWORKs might be more stable even with them taking most of the support. If he starts paying consistently, you might do better without CalWORKs.

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Actually its the first $100 for one kid, and $200 if you have 2 or more kids on the case that you get to keep. They upped it cpl yrs back.

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Thanks for the explanations! So basically while I'm on Cash Aid, the county is going to take most of the child support to reimburse themselves? That makes sense I guess, but kind of frustrating too. Does anyone know if there's any way to estimate how much child support he might be ordered to pay? His income varies a lot since he's in construction, sometimes making good money and sometimes barely working. I'm trying to figure out if it would even be worth it to give up CalWORKs if the child support might not be reliable anyway.

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California has a child support calculator you can use online: https://childsupport.ca.gov/guideline-calculator/ You'll need to estimate his income (maybe use an average), and input your income, custody time split, and a few other factors. But remember - what he's ordered to pay and what he actually pays can be very different things. With inconsistent income, CalWORKs might give you more stability. One important thing: if you don't cooperate with LCSA while on CalWORKs, they can reduce your Cash Aid by 25%, so cooperation isn't really optional unless you have a safety concern (good cause exemption).

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I'm going through this exact situation now and its SO frustrating!!! Child support is a REQUIREMENT for CalWORKs unless you can prove domestic violence or danger to you/your kid. My ex owes almost $9,000 already and I've only seen like $200 of it cause he never pays and they don't do nothing about it!!! But I still have to go to all these stupid court dates and the caseworkers keep asking me where he works and I DONT KNOW!!! 😡😡😡 The system is rigged against single moms I swear.

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Omg that sounds awful! I'm worried about the same thing happening. My ex isn't violent but he can be really difficult when it comes to money stuff. Has LCSA been any help at all in tracking him down or enforcing payment?

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My sister was in this exact situation and found out 2 importamt things: 1) you dont actually have to go to court most time if the father agrees to the support amount 2) if your getting less in cash aid than you would from support, you can close the cash aid case and just get the full support instead. But is his job unstable maybe calworks is better? Just food 4 thought 👍

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That's partly right, but with one important correction - if the father agrees to the support amount (called a stipulation), you might not need a formal hearing, but he still has to sign legal documents at the LCSA office. It's not as simple as a verbal agreement. Also, if she decides to close her CalWORKs case to get full child support instead, she should make sure the support payments are actually coming in consistently first. You can't just re-apply for CalWORKs immediately if the father stops paying - there's an application process and potential waiting period.

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Try calling the LCSA (Child Support) directly to ask these questions. I've been trying to reach my CalWORKs worker for WEEKS about my child support situation with absolutely no luck. Constant busy signals, voicemails that never get returned, and getting disconnected after waiting on hold for hours. I finally used this service called Claimyr (claimyr.com) that got me through to a real person at the child support division in 20 minutes! They have a video showing how it works: https://youtu.be/jzISHxCPLwE. They kept calling until they got through and then connected me. The child support worker was actually super helpful and explained everything way better than my CalWORKs worker ever did about how the payments work and what my options were.

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does that service really work? i been trying to call my caseworker for days about my SAR7 and nobody ever picks up. do they charge money for it? seems to good to be true lol

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Here's a breakdown of pros and cons to help you decide: Pros of letting CalWORKs handle child support: - LCSA services are free (no attorney fees) - They handle all paperwork and enforcement - You get stable CalWORKs benefits regardless of whether father pays - Can include enforcement tools like license suspension, tax intercepts - Good if father's income is unstable Cons: - You only get $100/month of actual child support ($200 if 2+ kids) - County keeps the rest to reimburse Cash Aid - Some say LCSA isn't as aggressive as private attorneys - Limited control over the process If the father would reliably pay an amount significantly higher than your Cash Aid, you might consider just taking the child support instead. But if his income is inconsistent as you mentioned, the stability of CalWORKs might be more valuable.

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Thank you so much for breaking this down! With his spotty work history, I'm thinking CalWORKs is probably safer for now. Maybe once the support order is established and I can see how reliable the payments are, I can reconsider my options.

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one thing nobody mentioned - if u get off calworks and just do regular child support, u can still get calfresh and medi-cal so its not like ur losing all benefits. my friend did this when her ex finally got a good job and the support was way more than her cash aid. she gets like $750 a month in support now.

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Thats a really good point! I forgot CalFresh and Medi-Cal dont count child support the same way. So you could still get food stamps and healthcare even if you choose to get the full child support instead of Cash Aid. Smart!!

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As someone who went through this decision a few years ago, I'd strongly recommend sticking with the CalWORKs route for now, especially given what you said about his inconsistent construction work. Here's why: Even though you only get to keep $100/month of the child support while on CalWORKs, you have the security of knowing your Cash Aid will come every month regardless of whether he pays or not. With construction workers, income can be feast or famine - I've seen too many friends get burned when their ex made good money for a few months, they dropped CalWORKs, then suddenly he's "laid off" and they're left with nothing. The other huge advantage is that LCSA will do all the heavy lifting for enforcement. They'll garnish wages when he IS working, intercept tax refunds, suspend licenses if he doesn't pay, etc. If you filed privately and he stops paying, you'd have to go back to court yourself and pay attorney fees to enforce it. My advice: Let CalWORKs handle it for now. Once the support order is established and you can see a pattern of consistent payments for at least 6-12 months, THEN consider whether dropping CalWORKs for full child support makes sense. You can always change your mind later, but it's harder to get back ON CalWORKs if the support stops coming.

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