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NY state discriminating against cohabitating couple?

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goldfish909

Junior Member
What is the name of your state (only U.S. law)? NY
my girlfriend and I have been together for 5 years we have a four year old daughter together and we are living under the technical poverty line. I am a stay at home dad with our daughter and I retain a drivers license under the state of NC. My girlfriend retains a drivers license under the state of NY. We live together year round moving from state to state for her work every few months. The state of NY with not provide her with Medicaid because in doing so they will come after me for childsupport for our own daughter. They refuse to recognize us as a cohabitating family because I don't want a NY residence. What can we do?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? NY
my girlfriend and I have been together for 5 years we have a four year old daughter together and we are living under the technical poverty line. I am a stay at home dad with our daughter and I retain a drivers license under the state of NC. My girlfriend retains a drivers license under the state of NY. We live together year round moving from state to state for her work every few months. The state of NY with not provide her with Medicaid because in doing so they will come after me for childsupport for our own daughter. They refuse to recognize us as a cohabitating family because I don't want a NY residence. What can we do?
You can updated your residency, as required by state law. You could also get married (but you'd still have to update your residency.)
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? NY
my girlfriend and I have been together for 5 years we have a four year old daughter together and we are living under the technical poverty line. I am a stay at home dad with our daughter and I retain a drivers license under the state of NC. My girlfriend retains a drivers license under the state of NY. We live together year round moving from state to state for her work every few months. The state of NY with not provide her with Medicaid because in doing so they will come after me for childsupport for our own daughter. They refuse to recognize us as a cohabitating family because I don't want a NY residence. What can we do?
Then you are breaking the law because you have to get a driver's license in NY. The fact that you are lying is what is hurting you.
 

not2cleverRed

Obvious Observer
There is more to being a state resident than retaining a driver's license.

Where do you 3 actually live? If you are moving state to state for work, then what states are these? Where do you plan on enrolling your child in school?
 

Ohiogal

Queen Bee
There is more to being a state resident than retaining a driver's license.

Where do you 3 actually live? If you are moving state to state for work, then what states are these? Where do you plan on enrolling your child in school?
While you are correct, it appears they live in NEW YORK. Dad is a stay at home dad. Girlfriend has a NY driver's license. Girlfriend has applied for NY state aid which she won't receive -- if she wants NY state aid, she has to be a resident of NY. Dad lives with girlfriend. Therefore DAD would be a resident of New York. Dad refuses to follow the law and change his driver's license. Dad wants to play this both ways. Which is why dad loses.
 

goldfish909

Junior Member
There is more to being a state resident than retaining a driver's license.

Where do you 3 actually live? If you are moving state to state for work, then what states are these? Where do you plan on enrolling your child in school?
We lived it tx for the first 40 days this year than AZ for 30 than we were in Louisiana for 25 days and Mississippi for 30 days and than mayish we went to AL and now were back in louisiana but a different part. And to the guy saying I'm breaking the law because I'm "trying to play it both ways". We are in NY for one week every year, Christmas, which by the way is a terrible time of year to try and deal with government issues, legal and such. I am a NC resident, and we are there for 1 week out of the year. We are going to home school our daughter for the first couple of years. Because as crazy as I'm sure you all think this might be we retain a strict daily routine for our daughter and that's how I deal with this traveling
 
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single317dad

Senior Member
What is the name of your state (only U.S. law)? NY
my girlfriend and I have been together for 5 years we have a four year old daughter together and we are living under the technical poverty line. I am a stay at home dad with our daughter and I retain a drivers license under the state of NC. My girlfriend retains a drivers license under the state of NY. We live together year round moving from state to state for her work every few months. The state of NY with not provide her with Medicaid because in doing so they will come after me for childsupport for our own daughter. They refuse to recognize us as a cohabitating family because I don't want a NY residence. What can we do?
Why does your family consider NY their home state for the purposes of medical benefits when you only spend <2% of your time there?

What kind of job requires moving several times per year and pays <$20k?
 

Ohiogal

Queen Bee
One week a year and a drivers license do not a resident make. In ANY state.
But they also mean she can't file for Medicaid or other benefits in NY. So therefore she would be committing fraud.

Why:
The state of NY with not provide her with Medicaid because in doing so they will come after me for childsupport for our own daughter.
Apparently she is NOT a resident of NY. Someone is placing fast and loose with the law and it sounds like both of these individuals are playing games in order to live for free. Are they circus people? (and that last question was actually a serious one due to the constant traveling)
 

Ohiogal

Queen Bee
We lived it tx for the first 40 days this year than AZ for 30 than we were in Louisiana for 25 days and Mississippi for 30 days and than mayish we went to AL and now were back in louisiana but a different part. And to the guy saying I'm breaking the law because I'm "trying to play it both ways". We are in NY for one week every year, Christmas, which by the way is a terrible time of year to try and deal with government issues, legal and such. I am a NC resident, and we are there for 1 week out of the year. We are going to home school our daughter for the first couple of years. Because as crazy as I'm sure you all think this might be we retain a strict daily routine for our daughter and that's how I deal with this traveling
Dude, I am not a guy. And I hold with you are breaking the law -- or based on the above -- your girlfriend is attempting to swindle.
 

cbg

I'm a Northern Girl
There's no illegal discrimination in refusing to provide a service to someone who does not qualify for the service.
 

not2cleverRed

Obvious Observer
Proving my point.

We lived it tx for the first 40 days this year than AZ for 30 than we were in Louisiana for 25 days and Mississippi for 30 days and than mayish we went to AL and now were back in louisiana but a different part. And to the guy saying I'm breaking the law because I'm "trying to play it both ways". We are in NY for one week every year, Christmas, which by the way is a terrible time of year to try and deal with government issues, legal and such. I am a NC resident, and we are there for 1 week out of the year. We are going to home school our daughter for the first couple of years. Because as crazy as I'm sure you all think this might be we retain a strict daily routine for our daughter and that's how I deal with this traveling
You don't understand the definition of residency, and it is unclear what state either of you are residents of, but it certainly doesn't appear to be NY or NC. So no, NY is not discriminating against you. Furthermore, were you actually a resident (and not a vacationer), why would you expect that your income not be taken into account? They do exactly that with households where the parents are married.

Although, for income tax purposes, I am sure NY would like to claim you if you actually made any money. :rolleyes: Why should NY taxpayers have to foot the bill for someone who basically just vacations there. :confused: And what's so wonderful about this job that has you living at or below the poverty line and moving every month or two?
 

goldfish909

Junior Member
My guess wasn't far off.
Wow. My wife is an artist, I'm a disabled vet. I get a small stipend from the military that pays for the basics. Paying your income tax in a state doesn't qualify for residency? I really thought this was a place I could come and ask a simple question and get a professional answer. I'm not trying to swindle or commit fraud, I'm asking a question that I thought could be answered here without people telling me that my girlfriend is attempting fraud and calling us carnies. Shame on you people. Doesn't expect another response or even think I will comeback to even read any responses.
Shame on you.
 
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