Upstate NY child support for 19 yr welfare recipient

[witchywoo]

HI, I am the step mother of a 19 year old. She was not raised by my husband or I. She had a baby whom is now 2 years old, not living with her but with her mother. She appplied for welfare in AUgust of this year. Her grandparents tried to buy off my husband to say it was not his child and did not want him to see her. (He did not accept the money and was denied visitation) There is no curent support order by the mother. Now, his daughter is living with a boyfriend. My husband and I have 5 children and do not recieve any help from social services. And we barely scrape by. What will the court do to us? His daughter told me she had a real good job, and now through the court papers we find out she is on welfare! She lies all the time. Is there a way the court would let her become emancipated being on welfare? Does her mother get pulled into court as well? What about the grandchild? Will my husband be ordered to pay support for him as well?
This is all new to me. Please help.

 

[Grandma B]

I got a bit confused while reading your post. Am I correct that your husband is paying child support for a 19 year old daughter? If so, that obligation now should be over. Nor does she require emancipation at that age.

You mentioned court papers stating she is living on welfare, but didn't state the nature of the court papers
Your husband is not responsible for her child--she and the baby's father share that obligation. If she has applied for and is receiving welfare benefits for the baby and he is not living with her, she is commiting fraud.

 

[witchywoo]

husband is not paying support

Court papers where for child support for her, medical coverage and arrears. Made via the welfare examiner.
Grandparents and Mother did not want anything from my husband for support. They took care of her till she got on her "wild" streak. Since then she lived withus a couple brief times, until she realized we would not let her tramp all over town and required her to go to school. At one point my husband was paying child support after her "wild streak" then she moved in with us. And payment stopped, we did not ask for support from other side. She moved back out got pregnant, had baby, baby lives with her mother, she has had four boyfriends in the past 6 months move in with her, and all this time she has been living in her own apartment, with atleast one guy on welfare. And we just find this out. She told me she had a good job, and at one point told me she doesn't even she her son. That she had to pay her mother to provide day care so the mother could still work. I asked her how come she doesn't watch her own son while the mom works, and she tells me her mom doesn't trust her to. In this case it is a child raiseing a child, but how come the mother will push away her daughter to welfare take in the grandson. They only have her, she has had every thing she wanted. NY laws require my husband to pay support till age 21 but what if she isn't going to school or has no intention to finish?

 

[witchywoo]

the court day

Well we went to court and his daughter skipped state and went to North Carolina and is now living with a 30 year old guy. Now we have to go back in APril cause dss wants their money. The mother is trying to get her lawyer to emancipate her. Is this possible? She bought her own bus tickets and left state on her own, does that mean she can take care of herself is the eyes of the court? She abandonded her baby when she did this. I just don't understand these young mothers anymore.

 

[LadyBlu]

Re: the court day

Well we went to court and his daughter skipped state and went to North Carolina and is now living with a 30 year old guy. Now we have to go back in APril cause dss wants their money. The mother is trying to get her lawyer to emancipate her. Is this possible? She bought her own bus tickets and left state on her own, does that mean she can take care of herself is the eyes of the court? She abandonded her baby when she did this. I just don't understand these young mothers anymore.

The arrears will still be made payable. Regardless of how old the daughter is, the arrears are for the period of time when the child was under the age of emancipation. The only way that arrears disappear is when the parent owing the money dies, and then it can be taken out of the estate of the father.

 

[witchywoo]

So that means they will probably split the dss charges between the mother and father to repay. But now that she is in a different state, what if she goes on welfare there. and is not emancipated. Will we get charged with that also?

 

[LadyBlu]

So that means they will probably split the dss charges between the mother and father to repay. But now that she is in a different state, what if she goes on welfare there. and is not emancipated. Will we get charged with that also?

Not sure how that would work with splitting the cost. If the father was supposed to be paying support and didnt then more then likely he will have to pick up that tab.

The grandmother could defend any issue for her to pay dss by the fact she is taking care of the grandchild and has absorbed all financial responsibility on that issue.

Also I wanted to add, your previous post stated the child lived with you and husband for a couple of months, a few times..

You will still be held responsible for support during those months if you did not go to court to change the custody and support order.

I am sure the child will be found emancipated, due to her becoming a parent, but as to who will have to absorb the DSS payments, since father was ordered to pay support they may hold him responsible for those payments to daughter.

 

[witchywoo]

support payments

That is the funny thing. never paid support payments per mothers request till the daughter got wild. They she lived with us and the support was dropped and arrears were all paid to date. She got welfare from august of this year till late November, that is all I believe welfare wants is their money from that time period. You see my husband was not supposed to be in the picture at all. Mothers parents wanted him to have no contact, but when she got older our neoeces and nephews told her who her real father was. And stirred up all this comotion. She has been well taken care of till she got wild and insubordinate. My husband and I are financially in the hole raising 5 children, which this was one reason why mother and grandparents of Daughter took over care of her.