Foster parents asked to pay Support

[Just Blue]

However, said daughter is not self-supporting, which is one aspect of emancipation in NYS. The rest of the criteria may be met, and OP/Dad might be able to make the argument that kiddo is, in fact, emancipated, but they might not.

OP is on disability and her husband is not legally obligated to support OP's daughter...so State might go after OP's ex for support.

 

[stealth2]

OP is on disability and her husband is not legally obligated to support OP's daughter...so State might go after OP's ex for support.

True.

 

[Just Blue]

True.

I bonus to the ex getting the order is he will finally be forced to support his child. Ironically lovely.

 

[not2cleverRed]

However, said daughter is not self-supporting, which is one aspect of emancipation in NYS. The rest of the criteria may be met, and OP/Dad might be able to make the argument that kiddo is, in fact, emancipated, but they might not.

I'd count "playing house" with her boyfriend/new baby daddy as emancipated enough.

 

[Just Blue]

I'd count "playing house" with her boyfriend/new baby daddy as emancipated enough.

I agree.

 

[LdiJ]

However, said daughter is not self-supporting, which is one aspect of emancipation in NYS. The rest of the criteria may be met, and OP/Dad might be able to make the argument that kiddo is, in fact, emancipated, but they might not.

Yes, but I also remember reading that if a child over 18 refused to be under the control of their parents that they were effectively emancipated for child support purposes, as well.

 

[AngelaM]

Update: just spoke with support investigation. We are being told because step father willingly put her on his insurance 3 yrs ago - that he automatically accepted full responsibility as his child. Mind you he did this so she had great care and her real father refused. Judge even said he was not responsible but that it was kind. Now- somehow that has turned into "he's absolutely responsible and has established a father/daughter relationship. Then I find out- not only is the support for our daughter and her welfare case- but because she's a minor- her then minor children become our responsibility until she is 21. (No paternity established yet) So all in all- she told me the foster care stipend that we will start receiving this month will most likely count as income PLUS we are going to be asked to pay support for the foster children we are caring for because in actuality they are our grandchildren as well of our minor daughter. This seems absolutely insane to me. I did ask about stepparents not being responsible- was told that's absolutely not true at all. If a relationship is established- they are completely as responsible as their biological parent. *feeling completely bled dry :/

 

[Zigner]

It sounds like you got a load of hooey fed to you. I would ask to speak with a supervisor.

 

[AngelaM]

I bonus to the ex getting the order is he will finally be forced to support his child. Ironically lovely.

Wouldn't that be grand lol

 

[AngelaM]

It sounds like you got a load of hooey fed to you. I would ask to speak with a supervisor.

I emailed everything to our caseworker and head of Foster Care. Being the holiday week I believe everyone is most likely on vacation. Except for that very kind lady in support investigation

 

[Just Blue]

Update: just spoke with support investigation. We are being told because step father willingly put her on his insurance 3 yrs ago - that he automatically accepted full responsibility as his child. Mind you he did this so she had great care and her real father refused. Judge even said he was not responsible but that it was kind. Now- somehow that has turned into "he's absolutely responsible and has established a father/daughter relationship. Then I find out- not only is the support for our daughter and her welfare case- but because she's a minor- her then minor children become our responsibility until she is 21. (No paternity established yet) So all in all- she told me the foster care stipend that we will start receiving this month will most likely count as income PLUS we are going to be asked to pay support for the foster children we are caring for because in actuality they are our grandchildren as well of our minor daughter. This seems absolutely insane to me. I did ask about stepparents not being responsible- was told that's absolutely not true at all. If a relationship is established- they are completely as responsible as their biological parent. *feeling completely bled dry :/

As Zig stated speak to a supervisor. That worker is full of crap. And see about a consult with a Family Law attorney...many will do a free quick consult , but even if you did end up 150/200 for a 30 min one it will be worth the money.

 

[Just Blue]

I emailed everything to our caseworker and head of Foster Care. Being the holiday week I believe everyone is most likely on vacation. Except for that very kind lady in support investigation

Call her back and tell her you would like everything she said in writing and on agency letterhead. If she asks why...Tell her for your records and to clarify what is required.

 

[AngelaM]

Call her back and tell her you would like everything she said in writing and on agency letterhead. If she asks why...Tell her for your records and to clarify what is required.

That's a great idea! Thank you!

 

[LdiJ]

I emailed everything to our caseworker and head of Foster Care. Being the holiday week I believe everyone is most likely on vacation. Except for that very kind lady in support investigation

I think that your foster care caseworker will be VERY interested, particularly in the idea that they are going to try to make you pay child support for the two children in your care as foster children. I really think that the person in the child support office is lying through her teeth...and I really do not understand why.

Do NOT voluntarily agree to anything at all. Make them take you to court for a judge's decision.

 

[Rushia]

Sounds to me as if the Child Support unit is attempting to bully you into a mediated agreement so that they don't have to go to court. Your daughter is most assuredly emancipated. I can't point you to any case law but many a parent that I know of has gotten around that with the fact that she is living outside of your care and control. She is living with the father of her unborn child and they should be going after him. Your husband is in no way shape or form responsible to pay any child support for your daughter.

This is a scare tactic. Do not give in and do not agree. Make them take it to court.