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how would this play out?

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Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? NY


Good morning everyone, I hope you've had a nice weekend :)


My cousin came to me with this situation, I don't think she expected me to do anything, but I knew just where to come.

she has an 11 year old daughter, 10 years ago she volunteered custody to her parents, she was on drugs but has been recovered 7 or so years. she never did anything to change the custody through the court, but they have all lived together 6 years, she is an active mother and fully cares for her daughter, school, MD, cooks, cleans, buys her things, I mean fully. Her parents carry the health insurance on the kid, and they all contribute to the household bills and food.


the father of this kid was in jail when she was born, spent 5 years there, isn't on the birth certificate, he acknowledges paternity, but has never done not one thing for or with her. he has seen her maybe 6 times, he promised her he would call her, and never did. they have not seen or heard from him in like 2 or 3 years. I asked her about when she signed over custody, did they ask about him or notify him, she doesn't remember if it came up, or if she said she didn't know who was the father. whatever the case, the judge awarded the parents physical custody, gave half of the decision making to my cousin, awarded visitation as both party's agree or whatever.

recently my cousin lost her income, and has applied for services, at first she did not include her daughter as applying with her, but in the interview, the DSS worker added her to the case since they live together she was clear with the worker that she shares custody with her parents, but according to her, he didn't seem interested.

She has always wanted to file for child support from Mr deadbeat do nothing dad, but was not sure how it would play out, with her not having full custody and all, but of course the DSS worker has put in for child support and paternity be established. he was vague on anything he went over with her,

she would like to know, is it going to make any difference in court for the child support that she is ordered NCP? will she have to bring her parents into this situation, as in have them present in court? her parents don't want to rock any boats they don't care if he pays support or not, and wont return custody to my cousin, she doesn't want to fight them for it. they have just been living this way so long (together as a family), but my cousin definitely wants dad to be ordered to pay support, and is willing to go whatever mile she has to to get the order. She would have done it earlier, but like I said, she was unsure about the whole custody thing and how that would work.. plus she didn't really need it, they were all supporting each other fine.


Plus she has no idea where he is, what his birthdate is, what his last address was, how to contact him, or anything about him in order to locate him. DSS and child support enforcement can handle all that right? I mean he was in prison, and again just recently...


thanks guys.
 


haiku

Senior Member
If she does not have legal physical custody of her child, I don't understand how she can list the child as her responsibility for aid purposes. Only her parents should be able to do that, and her parents should be able to get HER and her ex to pay THEM child support.
 

Banned_Princess

Senior Member
If she does not have legal physical custody of her child, I don't understand how she can list the child as her responsibility for aid purposes. Only her parents should be able to do that, and her parents should be able to get HER and her ex to pay THEM child support.

She didnt list that, the DSS worker did.

She doesn't have to pay her parents support, she lives there and contributes to the household which includes her child, her, her parents, her brother and sister.

She even as claimed her kid on her taxes every year since she has been working, because she provides 1/2 of the kids support cloths food bills...

Her child is her responsibility, and she takes that seriously, and her parents appreciate that.
 

haiku

Senior Member
She didnt list that, the DSS worker did.

She doesn't have to pay her parents support, she lives there and contributes to the household which includes her child, her, her parents, her brother and sister.

She even as claimed her kid on her taxes every year since she has been working, because she provides 1/2 of the kids support cloths food bills...

Her child is her responsibility, and she takes that seriously, and her parents appreciate that.

I am not a tax expert who can comment on the legalities of the tax situation.

Thats great she contributes to the house,, but she doesn't have legal physical custody. Which means that the DSS worker is in error.

And it still means that she is just as libel for legal child support as the father is.

If she has no legal physical custody of this child, she has no right to ask the father for child support payable to HER. Only her parents can do that, for BOTH parents.
 

Banned_Princess

Senior Member
Ok, I dont think that you are getting that she owes no child support, since she lives with and supports her child.

The child support would go to DSS. not to my cousin.

whatever, I see your point, I will tell her.
 

LdiJ

Senior Member
Ok, I dont think that you are getting that she owes no child support, since she lives with and supports her child.

The child support would go to DSS. not to my cousin.

whatever, I see your point, I will tell her.

There is also the issue that if DSS tracks down dad and goes after him for support, and he figures out that the child is not officially in mom's custody, that it would open the door for him to ask for custody.

The situation is a bit unusual in that they all live together so its as if mom has physical custody, even though she does not.

I cannot see it being anything other than complicated however.
 

Banned_Princess

Senior Member
Well, honestly, he has known all along she doesnt have custody, probably the reason he never gave a small interest in the child. all she has ever really asked of him, was to show some interest. a call, a card, something. she is really mad that he is getting off scott free for all of these years.

in court for this he will probably say he owes no support, because there are already 2 ((3)) legally responsible partys. grandma, grandpa and mom.

he's a jacka$$ so whatever happens, I hope he is ordered to pay someone, anyone.
 

haiku

Senior Member
Ok, I dont think that you are getting that she owes no child support, since she lives with and supports her child.

The child support would go to DSS. not to my cousin.

whatever, I see your point, I will tell her.

But DSS would be collecting child support for a child that is not legally in her custody, regardless that she lives with the child. The parents have legal physical custody of this child. Mom could move out of that house tomorrow, and the parents can legally not allow her to take the child they have legal custody of.

Her parents should have petitioned the father for child support all these years ago, but they didn't. He doesn't have to pay what no one petitioned for.

And like LDiJ said this may open a complicated can of worms she may regret opening.
 

Banned_Princess

Senior Member
I doubt she would regret it, worse comes to worst the judge will reject the petition, and DSS will do whatever they do next. deny services for the child or whatever, but like I said, my cousin didn't even initially apply for her daughter, just herself, and the caseworker, who i assume knows what he is doing, added her, and filled out the absent parent form to convert to a petition for child support.

If she decided for whatever reason to move out, she would probably get custody back due to the change of circumstance that the daughters primary caregiver was moving. She wont do that anyway, she is mature responsible adult, who wont tear her child from her home, obviously she cannot provide a better environment for her kid alone, as she can as a family.

He might petition for custody, but theres no chance on gods green earth he will get it. 11 years of no contact or interest or support, someone sues him for support, now all of the sudden he wants custody? I'm sure we all know that happens on the regular and is denied on the equal regular. and if he wants visitation, that would be great... but he probably wont use it.
 

Banned_Princess

Senior Member
Well, anyway, she said the worker rushed through everything and it seemed like he wasn't listening.

I will advise her to go back tomorrow, demand to be heard and get some answers. she doesn't want services she doesn't qualify for, she just needs food until she can find new employment, which she has been searching for for 2 years. She doesn't want to start a suit she isn't going to win. (and by win, I mean ordered to pay someone, anyone)

If the scumbag is going to get out of paying support on a technicality, all I have to say is eff him, he doesn't know what he is missing, when she is successful, he will be ignored as he had done to her. what goes around comes around.

Maybe she should go see her legal aid society tomorrow? with her situation, it isn't really as cut and dry as some other cases are.
 

BL

Senior Member
the judge awarded the parents physical custody, gave half of the decision making to my cousin, awarded visitation as both party's agree or whatever.

I'm wondering if 1/2 the decision making was awarded to mom if she has Joint Legal custody and thus the reason the DSS case worker listed the child on her application ?
 

Banned_Princess

Senior Member
I dont know BL. I have spoke to her and she said she made it clear, she "shared custody with her parents" maybe the DSS worker misunderstood, or maybe since they live together its like having physical custody too... I just dont know, I will update this wen an answer becomes available.
 

ecmst12

Senior Member
She needs to take custody back from her parents. Most likely all they have is guardianship, if even that.
 

Ohiogal

Queen Bee
Well, honestly, he has known all along she doesnt have custody, probably the reason he never gave a small interest in the child. all she has ever really asked of him, was to show some interest. a call, a card, something. she is really mad that he is getting off scott free for all of these years.

in court for this he will probably say he owes no support, because there are already 2 ((3)) legally responsible partys. grandma, grandpa and mom.

he's a jacka$$ so whatever happens, I hope he is ordered to pay someone, anyone.

Really? He is that and your cousin is a no good druggie who chose drugs over her child and then just gave up custody. Doesn't speak highly of her.
 

Ohiogal

Queen Bee
She needs to take custody back from her parents. Most likely all they have is guardianship, if even that.

Actually if they have custody (which is VERY possible) then mom needs to prove a substantial change in circumstance in the CHILD'S life and not hers. If the grandparents have custody, just because mom decided to give up being a crack head that doesn't mean she is entitled to custody returned to her.
 

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