Ex spouse goes on public assistance

[vladlem]

NY: This the question from paranoia hell.
We lived for 6 years together before splitting. We are divorced for more that 10 years. She is married, but her husband nowhere to find (I think he went back to his country). I’d got joint custody of our doughtier when she was 12. Then when she was 18 I’d got full custody. Now she is 22. My ex never paid the child support; there is NY child support order and NY warrant for her arrest for non-payment. I’m in NY; she is in California, for now. My ex never worked, always lived of some BF or other her relative.
The question is, if my ex wife goes on public assistance (she is 44 now), does any of those states (NY or CA or any other) can go after me for the contribution to this assistance?

[LdiJ]

Originally Posted by vladlem

NY: This the question from paranoia hell.
We lived for 6 years together before splitting. We are divorced for more that 10 years. She is married, but her husband nowhere to find (I think he went back to his country). I’d got joint custody of our doughtier when she was 12. Then when she was 18 I’d got full custody. Now she is 22. My ex never paid the child support; there is NY child support order and NY warrant for her arrest for non-payment. I’m in NY; she is in California, for now. My ex never worked, always lived of some BF or other her relative.
The question is, if my ex wife goes on public assistance (she is 44 now), does any of those states (NY or CA or any other) can go after me for the contribution to this assistance?

No, your daughter is an adult so any public assistance that mom might get (and it would be VERY limited...probably food stamps only) would be for mom only. You have no obligation to support mom, there are no minor children in the household that you are obligated to support, therefore the state cannot go after you.

[mistoffolees]

Originally Posted by LdiJ

No, your daughter is an adult so any public assistance that mom might get (and it would be VERY limited...probably food stamps only) would be for mom only. You have no obligation to support mom, there are no minor children in the household that you are obligated to support, therefore the state cannot go after you.

In addition, there's an error in the first post. OP claims to have gotten full custody of the daughter when she turned 18. Unless daughter is incompetent, she's an adult and NO ONE has custody. Father may be able to claim daughter as a tax deduction if they meet the IRS rules, but he doesn't have custody.

[Blue Meanie]

Originally Posted by mistoffolees

In addition, there's an error in the first post. OP claims to have gotten full custody of the daughter when she turned 18. Unless daughter is incompetent, she's an adult and NO ONE has custody. Father may be able to claim daughter as a tax deduction if they meet the IRS rules, but he doesn't have custody.

For Child Support purposes NY doesn't recognize an "adult" until they are 21.

[mistoffolees]

Originally Posted by Blue Meanie

For Child Support purposes NY doesn't recognize an "adult" until they are 21.

That's true - but OP doesn't have custody.

[Blue Meanie]

Originally Posted by mistoffolees

That's true - but OP doesn't have custody.

According to his OP he did have full custody.

Then when she was 18 I’d got full custody. Now she is 22

[mistoffolees]

Originally Posted by Blue Meanie

According to his OP he did have full custody.

You're missing the point.

OP said that he had joint custody from when the child was 12 until 18 and then got full custody when the child turned 18.

I said that is not correct - other than incompetency issues, you don't have custody of an adult (whether you can claim them on taxes is irrelevant. It's also irrelevant whether support might be owed). An 18 year old is an adult and he doesn't have custody - whether he thinks he does or not.