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Ryan Kim

Can I get CalWORKs without filing child support if father gives me cash under the table?

I'm a single mom with two kids (6 and 3) and really struggling right now. I want to apply for CalWORKs but I'm worried about the child support requirement. Their dad doesn't have a steady job but he gives me about $400 cash every month to help with the kids. We're actually on good terms and he buys them clothes and stuff too. If I put him on child support through the county, he'll probably get mad and stop helping altogether. Plus he works construction jobs for cash so they probably wouldn't get much from him anyway. Can I show bank deposits or something as proof he's supporting us instead of going through child support enforcement? Has anyone gotten a good cause exemption for this kind of situation?

Technically u need 2 cooperate with child support for CalWORKs UNLESS you have 'good cause' not to. BUT just getting $ under the table isnt usually enough for good cause. Good cause is for DV situations, rape cases, adoption plans, or if support enforcement would harm the child. Your worker is gonna tell u that informal support isn't reliable and doesn't count as a reason.

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Ryan Kim

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That sucks. I was hoping since I could prove he gives me money regularly it would count for something. I'm just worried they'll garnish his pay and he'll lose his apartment, then he can't help at all.

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Just to clarify what the previous commenter said - you DO have to cooperate with child support enforcement when applying for CalWORKs, but there are two important things to understand: 1. You can apply for a "good cause exemption" if pursuing child support would cause harm to you or your children. However, just receiving informal cash isn't typically considered good cause. Good cause usually involves domestic violence, risk of physical/emotional harm, rape/incest cases, or adoption proceedings. 2. If you don't qualify for good cause but still refuse to cooperate with child support, you can still get CalWORKs, BUT only your children will receive benefits. This is called a "sanction" - your portion of the grant (the adult portion) will be removed, but your kids can still receive their portion of Cash Aid. So you have options, but there are consequences to each choice.

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This is 100% correct. I was in a similar situation and chose to take the sanction rather than pursue child support. My kids still got their portion of the benefit but I didn't get mine. For me it was worth it because my ex was actually giving me MORE than child support would have taken from him, and I didn't want to rock the boat.

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THE WHOLE SYSTEM IS DESIGNED TO PUNISH PARENTS WHO TRY TO WORK THINGS OUT INDEPENDENTLY!!!!!! I went through this EXACT same thing. My ex was paying me $500/month and buying diapers and formula. As soon as child support got involved, he got SO MAD he completely stopped helping until they finally caught up with him 8 MONTHS LATER. By then he had switched jobs twice to avoid garnishment. The county doesn't care if you get LESS money as long as they can say they "enforced" child support. It's all about the county getting federal funding kickbacks for child support collections!!!!

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Ryan Kim

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This is exactly what I'm afraid of. Did you ever find any way around it or just have to deal with it? Did you try the good cause exemption?

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Have you thought about talking to your childrens father about this? Maybe explain that you need the extra help from CalWORKS but don't want to mess up your arrangement. He might be willing to sign an affidavit or something about the support he provides? Idk if that works but worth asking your worker maybe

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Unfortunately, that won't work. CalWORKs doesn't recognize private agreements for child support. The program specifically requires participation in the Department of Child Support Services (DCSS) process unless you qualify for a good cause exemption. Even if the father voluntarily signed documents about his contributions, the county would still require formal establishment of support through DCSS. The best approach if you don't qualify for good cause but want to maintain your current arrangement is to accept the adult portion sanction as mentioned above. Your children will still receive their portion of the grant even if you don't cooperate with child support requirements.

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have you tried reaching your county worker to discuss your specific situation in detail? I had such a hard time getting through to anyone when I had questions about my child support situation. I found this service called Claimyr (claimyr.com) that got me through to a real person at the county office in like 10 minutes instead of waiting on hold forever. They have a video showing how it works: https://youtu.be/jzISHxCPLwE If you can talk to someone and explain your specific circumstances, they might be able to tell you what documentation would help your case or if there are any exceptions that might apply to you. At least you'd know exactly where you stand before making any decisions.

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Ryan Kim

Author

I'll check that out! I tried calling twice this week but got disconnected after 40+ minutes on hold both times. So frustrating when you're just trying to get information.

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One more thing to consider: if you do decide to cooperate with child support and your children's father has inconsistent income or works for cash, they'll likely establish a minimum support order based on assumed income (often calculated as if he works full-time at minimum wage). It's also worth knowing that if you qualify for CalWORKs, your children will automatically qualify for Medi-Cal, and you may qualify for CalFresh (food stamps) and childcare assistance. These additional benefits might outweigh the potential issues with the child support requirement, even if you take the adult portion sanction.

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Ryan Kim

Author

That's helpful to know about the other benefits. I do need the healthcare for sure. Do you know if the childcare assistance would still be available if I take the adult portion sanction? That would make a huge difference for me to be able to work more hours.

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Yes, if you take the adult portion sanction (meaning you don't cooperate with child support requirements), you can still receive childcare assistance through the CalWORKs program. The sanction only affects the cash grant portion that would be allocated to you as the adult - it doesn't impact auxiliary services like childcare assistance, Medi-Cal, or CalFresh eligibility. If you're planning to work, the childcare benefit is extremely valuable. It covers childcare costs while you're working or participating in approved Welfare-to-Work activities. Many parents find this benefit alone makes it worthwhile to apply for CalWORKs, even with the child support complications.

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Ryan Kim

Author

Thank you! That makes my decision much easier. I think I'll apply and accept the sanction if necessary. The childcare assistance would help me pick up more shifts, which would more than make up for the adult portion I'd be missing.

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btw i forgot to mention, they'll make you fill out a form called CW 51 to claim good cause if thats the route u try to go. they give u 20 days to provide any evidence. just letting u know so ur prepared when u apply!

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Ryan Kim

Author

Thanks for the specific form name! That helps a lot. I'll look it up online so I know what to expect.

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Just wanted to add my experience as someone who went through this exact situation last year. I was getting $350/month cash from my ex plus he'd buy groceries and clothes for our daughter. I was so scared to mess up our arrangement that I almost didn't apply for CalWORKs at all. I ended up talking to a legal aid attorney (free consultation) who explained that even if I took the adult sanction, my daughter would still get around $400/month in cash aid PLUS the medical coverage, food stamps, and childcare assistance. When I did the math, even without my adult portion, we were getting way more help than just the informal support from her dad. The funny thing is, her dad actually wasn't as upset as I thought he'd be when child support got involved. He said he understood I needed more help and the formal order gave him a clear amount to pay. Your situation might be different, but sometimes we worry more than we need to. Good luck with whatever you decide!

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