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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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This is such helpful advice, Mae! You're absolutely right about the security aspect. I keep going back and forth on this decision, but hearing from someone who's actually been through it really helps. The feast or famine thing with construction work is so true - my daughter's father can make $3000 one month and then barely anything the next few months. I think I was getting caught up in the idea of potentially getting more money, but you're right that the stability is probably more important right now, especially with a toddler to think about. I'll stick with letting CalWORKs handle it and see how things go over the next year or so. Thank you for the reality check!

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I'm also navigating this decision right now with my 2-year-old son! One thing I learned from my worker is that even if you let CalWORKs handle the child support case, you can still request a "good cause" exemption if there are safety concerns or if pursuing support would be harmful to you or your child. Also, something to consider - if your ex does start paying consistently through the CalWORKs system and you decide later that you want to get off Cash Aid to receive the full support amount, you can do that. The child support case doesn't disappear, it just transfers from being handled by LCSA to being a regular court-ordered support case. One more tip: make sure you keep detailed records of any informal support he's already given you (cash, buying diapers, etc.) because they might ask about that during the process. Sometimes people don't realize that informal support can be factored into calculations. Good luck with whatever you decide! The whole system is definitely confusing at first but it sounds like you're asking all the right questions.

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This is really helpful, Landon! I didn't know about the good cause exemption - that's good to know in case things get messy with my ex. And you're right about keeping records of any informal support. He's bought some diapers and formula here and there, so I should probably write all that down. Thanks for mentioning that the case can transfer later if needed - that makes me feel better about not being locked into one choice forever. This whole process is so overwhelming but everyone's advice is really helping me understand my options better!

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Just wanted to add one more thing that helped me when I was in your shoes - don't feel pressured to make this decision quickly! Your CalWORKs worker might make it sound urgent, but you have time to think it through. I was so stressed about "choosing wrong" but honestly, both paths can work depending on your situation. Since your ex has inconsistent work in construction, I'd personally lean toward letting CalWORKs handle it initially. Construction workers often get paid under the table or have gaps between jobs, which makes enforcement tricky if you're doing it on your own. One thing that really helped me was talking to other moms at my daughter's daycare who had been through this. Everyone's situation is different, but hearing real experiences (like all the great advice in this thread!) made me feel way less alone in figuring it all out. You're clearly thinking this through carefully and asking the right questions - your daughter is lucky to have a mom who's being so thoughtful about what's best for your family's future. Whatever you decide, you can always reassess as things change!

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Thank you so much for the encouragement! You're right that I don't need to rush this decision. I've been feeling like I had to figure everything out immediately, but hearing that I can take my time and reassess later really takes some pressure off. The construction work thing is exactly what worries me - he's gotten paid cash for some jobs before and I know that makes things complicated. I think I'm going to go with letting CalWORKs handle it for now and just see how it goes. Reading everyone's experiences here has been so much more helpful than trying to navigate this alone. It's reassuring to know other moms have been through this and made it work!

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I went through this same decision about 18 months ago with my two kids. Here's what I wish someone had told me upfront: The CalWORKs route ended up being the right choice for my situation, even though it felt frustrating at first to only get $200/month (for 2 kids) while the county kept the rest. My ex also works construction and his paychecks are all over the place. What really sealed it for me was when I calculated the actual numbers: - My CalWORKs was about $650/month guaranteed - Child support was ordered at $480/month, but he only paid maybe 60% of the time - So I was getting $650 + $200 (when he paid) = $850 vs. potentially $480 but often $0 The LCSA has also been way more aggressive about enforcement than I expected. They've garnished his wages multiple times, intercepted his tax refunds, and even suspended his driver's license once when he got behind. There's no way I could have afforded to do all that enforcement stuff on my own. Plus like others mentioned, you can always change your mind later once you see how reliable the payments are. But starting with the stability of CalWORKs while the case gets established was definitely the smart move for me.

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Wow, thank you for breaking down the actual numbers like that! That's exactly the kind of real-world example I needed to see. Your situation sounds so similar to mine - the construction work making everything unpredictable. When you put it that way ($650 guaranteed + $200 when he pays vs potentially $480 but often $0), it really makes the CalWORKs route seem like the obvious choice for stability. I hadn't thought about how much all that enforcement stuff would cost if I had to hire a lawyer to do it myself. That's a huge point! It's reassuring to hear that LCSA was actually more aggressive than you expected - I was worried they might not try very hard since it's a government agency. I think I'm definitely going with the CalWORKs route now. Thank you for sharing your experience!

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I'm new to CalWORKs and going through something similar with my 4-year-old son. Reading through all these responses has been incredibly eye-opening! I had no idea that the county keeps most of the child support to "reimburse" the Cash Aid - my worker didn't explain that clearly at all. One question I haven't seen addressed yet: does anyone know what happens if the father's income changes significantly after the support order is established? Like if he gets a better paying job or loses his job completely? Do we have to go back to court to modify the amount, or does LCSA handle that automatically? Also, I'm curious about the timeline - how long does it typically take from when CalWORKs refers your case to LCSA until there's actually a support order in place? My worker made it sound like it could take months, which seems like a long time to wait. Thanks to everyone sharing their experiences here - this is way more helpful than anything I've gotten from my caseworker!

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Great questions, Miguel! I can answer from my experience - when the father's income changes significantly, you or LCSA can request a modification of the support order. LCSA will usually handle this automatically if they discover the income change through wage garnishments or other monitoring, but sometimes you need to notify them if you know about a job change. They'll recalculate based on the new income and file the paperwork with the court. As for timeline, it really varies but my case took about 4 months from referral to having an actual order in place. That included time to locate my ex, establish paternity (even though we were married), and go through the court process. If the father cooperates and doesn't contest anything, it can be faster - maybe 2-3 months. If he fights it or is hard to find, it can drag on much longer. The waiting period is frustrating, but your CalWORKs benefits continue the whole time regardless of whether the support case is resolved yet. That's actually another advantage of the CalWORKs route - you're not dependent on the child support timeline to have income coming in.

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I'm in a very similar situation with my 5-year-old daughter! Her father works in landscaping and his income is just as inconsistent as construction work. After reading through everyone's responses here, I'm feeling much more confident about letting CalWORKs handle the child support case. One thing I wanted to add that I learned from my sister's experience - even though it feels frustrating that the county keeps most of the child support money, think about it this way: if your ex stops paying (which happens A LOT with inconsistent workers), you're not scrambling to figure out how to pay rent and buy groceries. Your CalWORKs benefits keep coming no matter what he does. My sister tried the "file independently and get full child support" route first, and it was a disaster. Her ex paid for about 3 months, then disappeared when work slowed down. She had to reapply for CalWORKs and it took almost 6 weeks to get benefits flowing again. Meanwhile she's trying to feed two kids with nothing coming in. The peace of mind knowing your basic needs are covered while LCSA does all the heavy lifting to chase down payments is worth way more than the extra money you might get if everything goes perfectly. And like others said, you can always reassess once you see how reliable he actually is with payments!

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This is exactly the kind of real-world example I needed to hear! Your sister's experience is like a warning of what could go wrong if I try to handle it independently. The idea of having to reapply for CalWORKs and wait 6 weeks with no income coming in while trying to take care of a toddler sounds absolutely terrifying. You're so right about the peace of mind being worth more than the potential extra money - I keep getting caught up in thinking about the "what if he pays consistently" scenario, but the reality is that with his spotty construction work, that's probably not going to happen. I'd much rather have the security of knowing we're covered no matter what he does. Thank you for sharing your sister's story - it really helps put things in perspective!

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I've been working with CalWORKs families for several years and wanted to add some additional perspective that might help with your decision. One thing that often gets overlooked is the administrative burden. When CalWORKs/LCSA handles your case, they take care of ALL the paperwork, court filings, service of process, and ongoing modifications. If you file independently, you become responsible for all of that - and trust me, the family court system is complex and time-consuming even with an attorney. Also, regarding the $100 "disregard" amount - that's actually $100 that you get ON TOP OF your CalWORKs grant, not instead of it. So you're getting your full CalWORKs amount plus the first $100 of child support. Many people don't realize this distinction. Another consideration: LCSA has tools for enforcement that private individuals don't have easy access to, like automatic income withholding orders, asset seizure, and passport denial for high-dollar arrearages. These can be especially valuable when dealing with someone in construction who might work for different employers or get paid irregularly. Given what you've shared about your ex's inconsistent work history, I'd strongly recommend starting with the CalWORKs route. You can always reassess in 6-12 months once you have a clearer picture of his actual payment patterns.

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Thank you so much for this detailed explanation, Amara! I had no idea that the $100 was ON TOP OF the CalWORKs grant - I thought it was part of it. That definitely makes the CalWORKs route look even better financially. And you're absolutely right about the administrative burden - I was so focused on the money aspect that I didn't really think about how overwhelming it would be to handle all the court paperwork myself, especially while caring for a 3-year-old. The enforcement tools you mentioned sound really valuable too, especially the automatic income withholding since my ex works for different construction companies. I'm convinced now - I'm going to stick with letting CalWORKs handle everything and just see how it goes over the next year. Thank you for taking the time to share your professional perspective!

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I'm also navigating this exact situation with my 2-year-old! After reading through everyone's experiences, I'm leaning heavily toward letting CalWORKs handle it. One thing that really helped me understand the decision was talking to a friend who works at the courthouse - she said she sees so many parents struggle with enforcement when they file independently, especially when the other parent has irregular income like construction work. She told me that even when people get orders for higher amounts, actually collecting the money is a whole different battle. The stability factor everyone mentioned really resonates with me. My daughter's father also works construction and can go from making $4,000 one month to nothing for the next two months. Having that guaranteed CalWORKs income while LCSA handles all the collection headaches seems way less stressful than gambling on whether he'll actually pay consistently. Plus like Amara mentioned, I didn't realize the $100 is ON TOP of your CalWORKs grant - that definitely changes the math in a positive way! Thanks to everyone who shared their real experiences here. It's so much more helpful than trying to figure this out from the confusing pamphlets they give you at the CalWORKs office!

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This thread has been so incredibly helpful for all of us dealing with this decision! Reading everyone's real experiences is way better than trying to decipher the official paperwork. Your friend at the courthouse makes such a good point about the difference between getting an order and actually collecting the money - I hadn't really thought about that distinction. I'm in almost the exact same boat with my 3-year-old and her father who does construction work. The income swings you described ($4,000 one month to nothing for two months) sound exactly like what I'm dealing with. It's reassuring to hear from so many people that the CalWORKs route provides that stability we need as single moms. I think I've finally made up my mind to go with letting CalWORKs/LCSA handle everything. Between the guaranteed income, the enforcement tools they have, and not having to deal with all the legal paperwork myself, it just makes sense for our situation. Plus knowing that $100 is on top of the grant (not part of it) definitely makes it more appealing! Thanks again to everyone who shared their stories and advice. It's amazing how much clearer this decision became after hearing from people who've actually been through it!

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I'm going through this same situation right now with my 6-year-old son! Reading through all these responses has been incredibly helpful - way more informative than anything my CalWORKs worker explained to me. One thing I learned recently that might be useful: if your ex works construction and gets paid through different companies or sometimes under the table, LCSA has access to databases that can track employment history and income that you wouldn't be able to access on your own. They can also set up automatic wage garnishments that follow him from job to job, which is super important in construction where people move between employers a lot. My case worker also mentioned that even if he tries to hide income or work off the books, LCSA can use things like his lifestyle and spending patterns to establish what he's actually capable of paying. So if he claims he's only making minimum wage but he's posting pictures of new tools or truck payments on social media, they can factor that into the support calculation. The more I learn about what LCSA can do versus what I'd have to handle myself, the more convinced I am that letting CalWORKs manage everything is the right choice - at least initially while we see how reliable he actually is with payments. Plus having that guaranteed income every month while they handle all the enforcement stuff just seems so much less stressful than trying to chase him down myself!

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Grace Lee

That's really interesting about LCSA being able to track employment history and set up garnishments that follow between jobs! I had no idea they had access to those kinds of databases. That's actually a huge advantage for dealing with construction workers who bounce around between different companies all the time. The thing about using lifestyle and spending patterns to establish what someone can actually pay is fascinating too - I never would have thought of that. My ex is always claiming he's broke but then somehow manages to afford new work boots, tools, and goes out drinking with his buddies. It's good to know that LCSA can look at the bigger picture instead of just taking his word for what he claims to make. You're absolutely right that having the guaranteed CalWORKs income while they handle all the detective work and enforcement is way less stressful than trying to do it ourselves. I keep imagining having to figure out which construction company he's working for this month and then trying to serve legal papers - it sounds like a nightmare! Thanks for sharing what you learned from your case worker. Between everyone's experiences here and these additional details about what LCSA can actually do, I feel really confident now about letting them handle everything. The peace of mind alone is worth it!

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