Separation/child support/government aide

[alissagail]

What is the name of your state? Texas

I have looked on this site, and haven't come up with a situation like this. My co-worker and his wife are separated. They have 2 children. The separation is something that my co-worker still does not want, but what can he do?

His wife recently asked for tax statements because she is getting ready to file for food stamps. He is affraid that this will cause legal problems down the road.

First question is...does Texas recognize a "legal" separation?

Since they are not divorced, wouldn't his income be taken into consideration for her to qualify for foodstamps?

He does give her money every payday...and gave her all of the tax refund to help her out. and he pays for daycare...although she does not work.

Do you have any advise for him?

[fairisfair]

get into court, file for a legal separation and have child support established.

And he can't stop her from filing for benefits.

[alissagail]

that is what I told him. But he is still hoping that they would get back together. They have been separated for about 2 years. And every payday, she calls asking for money. I know that he can't stop her from trying to get assistance...but since they are not divorced, and they filed married filing joint...wouldn't his income be considered for approval? I know for a fact, that with his income, she would not qualify. And I know that he would be the one to have to repay the government for her assistance. Which I would agree, if I didn't know that he does support her.

[fairisfair]

Originally Posted by alissagail

that is what I told him. But he is still hoping that they would get back together. They have been separated for about 2 years. And every payday, she calls asking for money. I know that he can't stop her from trying to get assistance...but since they are not divorced, and they filed married filing joint...wouldn't his income be considered for approval? I know for a fact, that with his income, she would not qualify. And I know that he would be the one to have to repay the government for her assistance. Which I would agree, if I didn't know that he does support her.

If they are not living together, then his income in it's totality will not be considered. What he is paying her in child support and other maintenance will be.

[alissagail]

well, since they are only separated, not legally...he is not paying child support per-say. Not through the courts anyway. He does pay child care, sometimes rent, car payment, utility bills...whatever their needs are. He is just afraid that if she gets this aide, it will come back and bite him. And I am almost sure that it will. But not positive.

[Isis1]

if she aquires aid without disclosing any monies he does provide her....would that be regarded? such as giving her checks, money order, cashier's checks instead of cash? to show a money trail? would this reduce any aid he may possibly have to repay?

he would best protect himself by stop giving her any monies and immediately filing for support so there is an order. this way he is covered from overpaying, wouldn't he?

[alissagail]

I have suggested to him that any time that he gives her money or pays for child care, car payments ect...he should do so in cash. As it is...he puts money in their joint account and she pays that way. I told him to close that account ASAP. Don't get me wrong...I am for both parents supporting their children. But for her to go file for government aide (my tax dollars at work)...I have a problem with that.

[Ohiogal]

He needs to go file for child support and custody. That way it won't come back on him to repay the state.