A few questions regarding grandparent POA and child support in NC

[momof3boysNC]

4 years ago my husband and I asked my MIL to care for our 3 children due to financial and health hardship. We had a Power of Attorney For the Care of Children notarized and signed by all parties involved but was never filed in the courts (We were told NC does not require it to be filed with the courts). There was no specific ending date for the POA, an addendum was added stating the POA would be valid until my husband and I are financially capable of providing for the children. For the entire 4 years she has fully and financially supported the children and carried them under her insurance. Changes to her health insurance at work caused her to have to file for medicaid for the children, while she was there the case worker also signed her up for TANF and foodstamps. Now NC has issued a child support summons against me and my husband on her behalf for child support,medical insurance, and PPPA. I have several questions regarding this.
1. Since the POA was drawn up and clearly states it is due to financial hardship of the parents and she entered into the agreement fully aware we are not able to provide support is she still entitled to child support?
2. She is claiming the state is filing the child support order against her wishes and she did not consent or sign anything authorizing them to. She also claims she has tried to stop the proceedings but her caseworker said she cannot stop the proceedings once the court summons has been served. Is this possible?
3. My husband and I are legally married however the state has filed separately against us and is seeking two separate orders. Under our current financial situation (no countable income) we would be obligated to pay $50 per month in child support however the state is seeking $100 total, $50 from each. Can they enforce a separate order against each of us even though we are married, reside together, have no separate financial accounts and can prove joint tax filing?
4. Can she later down the road use the child support order to obtain full custody. We were very cautious about the legal documentation and opted for the POA as it preserved all of our parental custodial rights.
5. We live out of state and cannot be present at the court hearing. How do I respond in writing on an IV-D case, all the resources I've been able to locate is for non IV-D cases.

 

[FlyingRon]

The triggering factor appears that she tried to get insurance coverage for them. Yes if they get government assistance for this, the whole child support thing can be triggered. What will be awarded to her depends on your financial situation. Yes, if getting government assistance, this whole snowball occurs without her intervention. Yes your incomes are computed individually. What makes you think the answer would be any different if calculated as a married couple (if that was even possible). The support is essentially YOUR income versus HER income an the amount of time the child spends with each of you.

At this point with only a POA, you can revoke it at any time (regardless of what you wrote in the POA). Yes she can try for a custody arrangement, and the fact that she is providing support would definitely support that, but unless you are unable to care for the child, the courts are usually disinclined from removing children from capable parents.

If you can't appear, you normally handle this by a lawyer. Of course, I'm not sure what point you intend to make at the IV-D hearing.

 

[Ohiogal]

4 years ago my husband and I asked my MIL to care for our 3 children due to financial and health hardship. We had a Power of Attorney For the Care of Children notarized and signed by all parties involved but was never filed in the courts (We were told NC does not require it to be filed with the courts). There was no specific ending date for the POA, an addendum was added stating the POA would be valid until my husband and I are financially capable of providing for the children. For the entire 4 years she has fully and financially supported the children and carried them under her insurance. Changes to her health insurance at work caused her to have to file for medicaid for the children, while she was there the case worker also signed her up for TANF and foodstamps. Now NC has issued a child support summons against me and my husband on her behalf for child support,medical insurance, and PPPA. I have several questions regarding this.
1. Since the POA was drawn up and clearly states it is due to financial hardship of the parents and she entered into the agreement fully aware we are not able to provide support is she still entitled to child support?
2. She is claiming the state is filing the child support order against her wishes and she did not consent or sign anything authorizing them to. She also claims she has tried to stop the proceedings but her caseworker said she cannot stop the proceedings once the court summons has been served. Is this possible?
3. My husband and I are legally married however the state has filed separately against us and is seeking two separate orders. Under our current financial situation (no countable income) we would be obligated to pay $50 per month in child support however the state is seeking $100 total, $50 from each. Can they enforce a separate order against each of us even though we are married, reside together, have no separate financial accounts and can prove joint tax filing?
4. Can she later down the road use the child support order to obtain full custody. We were very cautious about the legal documentation and opted for the POA as it preserved all of our parental custodial rights.
5. We live out of state and cannot be present at the court hearing. How do I respond in writing on an IV-D case, all the resources I've been able to locate is for non IV-D cases.

You have an OBLIGATION as the children's parents to SUPPORT them financially. Your POA does not relieve you of your legal responsibilities. Why should the state support the children when the PARENTS are available? Why shouldn't mom and dad be forced to get a job and provide for their children?

 

[stealth2]

So after your post 2 years ago https://forum.freeadvice.com/grandparent-s-rights-100/power-attorney-question-557267.html , you have apparently done nothing wrt getting your kids back? Why is that?

Are either of you gainfully employed (sounds as though the answer is no)? DO you actually have a place to bring your children to? How often do you see them? Has the health hardship been overcome? And... why do you think others (which includes the taxpayers now) should provide for your children, but you should not have to provide even a minimal amount (which, let's face it - $100/mo IS minimal.)?

 

[Ohiogal]

So after your post 2 years ago https://forum.freeadvice.com/grandparent-s-rights-100/power-attorney-question-557267.html , you have apparently done nothing wrt getting your kids back? Why is that?

Are either of you gainfully employed (sounds as though the answer is no)? DO you actually have a place to bring your children to? How often do you see them? Has the health hardship been overcome? And... why do you think others (which includes the taxpayers now) should provide for your children, but you should not have to provide even a minimal amount (which, let's face it - $100/mo IS minimal.)?

The amazing thing is according to the prior thread, grandma has had the children since 2009. So the parents have not done ANY financial support in FOUR YEARS. Now they are whining that they may have to pay now. Guess they thought they would get through until the children were 18 without having to actually parent.

 

[CSO286]

4 years ago my husband and I asked my MIL to care for our 3 children due to financial and health hardship. We had a Power of Attorney For the Care of Children notarized and signed by all parties involved but was never filed in the courts (We were told NC does not require it to be filed with the courts). There was no specific ending date for the POA, an addendum was added stating the POA would be valid until my husband and I are financially capable of providing for the children. For the entire 4 years she has fully and financially supported the children and carried them under her insurance. Changes to her health insurance at work caused her to have to file for medicaid for the children, while she was there the case worker also signed her up for TANF and foodstamps. Now NC has issued a child support summons against me and my husband on her behalf for child support,medical insurance, and PPPA. I have several questions regarding this.
1. Since the POA was drawn up and clearly states it is due to financial hardship of the parents and she entered into the agreement fully aware we are not able to provide support is she still entitled to child support?
2. She is claiming the state is filing the child support order against her wishes and she did not consent or sign anything authorizing them to. She also claims she has tried to stop the proceedings but her caseworker said she cannot stop the proceedings once the court summons has been served. Is this possible?
3. My husband and I are legally married however the state has filed separately against us and is seeking two separate orders. Under our current financial situation (no countable income) we would be obligated to pay $50 per month in child support however the state is seeking $100 total, $50 from each. Can they enforce a separate order against each of us even though we are married, reside together, have no separate financial accounts and can prove joint tax filing?
4. Can she later down the road use the child support order to obtain full custody. We were very cautious about the legal documentation and opted for the POA as it preserved all of our parental custodial rights.
5. We live out of state and cannot be present at the court hearing. How do I respond in writing on an IV-D case, all the resources I've been able to locate is for non IV-D cases.

1. Yes. Since it appears that grandma is also not able to provide for all the children's needs, she is seeking state assistance to do so. They are going ot expect the children's parents to contribute in some way.
2. Yes. Since she applied for some type of public assitsnce, one of the eligibility requirements is that she cooperate with child support to identify and establish a child support order to help offset what the state is expending providing for your children.
3. Yes. Happens all the time.
4. Maybe.
5. Write a letter and appear an athe hearing--if the case does not default--by phone.