• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

TANF or child support ...

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? New York

We (New York) are becoming legal guardians of my 16 y/o niece (Colorado). When she comes out, we would like to file for TANF or child support. The goal is to get her father to pay support, he never has. We do not want the state to come down on the mother, as she has raised this child by herself without any assistance for 16 years except perhaps a year of TANF. In addition, the mother is very poor and couldn't contribute anything. How can we file for TANF or child support without making life difficult for the mother?
 


Proserpina

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

We (New York) are becoming legal guardians of my 16 y/o niece (Colorado). When she comes out, we would like to file for TANF or child support. The goal is to get her father to pay support, he never has. We do not want the state to come down on the mother, as she has raised this child by herself without any assistance for 16 years except perhaps a year of TANF. In addition, the mother is very poor and couldn't contribute anything. How can we file for TANF or child support without making life difficult for the mother?


Why shouldn't Mom also be supporting her child?

If you apply and qualify for TANF, the state will likely go to BOTH parents for reimbursement. Child support will usually be treated the same way.
 
Last edited:

Silverplum

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

We (New York) are becoming legal guardians of my 16 y/o niece (Colorado). When she comes out, we would like to file for TANF or child support. The goal is to get her father to pay support, he never has. We do not want the state to come down on the mother, as she has raised this child by herself without any assistance for 16 years except perhaps a year of TANF. In addition, the mother is very poor and couldn't contribute anything. How can we file for TANF or child support without making life difficult for the mother?

Why hasn't Dad paid support? Was it ever court ordered? If so, what has been done to collect?

Your plan is missing a large component: BOTH parents are required to support their children. If you file, Mom is also responsible.
 
Father repeatedly quit jobs until his paycheck stopped being garnished, over a period of years. After that point, mom declined to pursue further.

Since she has already contributed 100% support of this child for almost all its life, it's obviously unfair to treat both parents equally in pursuit of support.
 

Silverplum

Senior Member
Father repeatedly quit jobs until his paycheck stopped being garnished, over a period of years. After that point, mom declined to pursue further.
Her choice, her loss, the child's loss.

On the other hand, it's not over. Should Mom decide to pursue, she can and should pursue.

smalltown2 said:
Since she has already contributed 100% support of this child for almost all its life, it's obviously unfair to treat both parents equally in pursuit of support.
That's what happens when you bring the government into it.
 

Proserpina

Senior Member
Father repeatedly quit jobs until his paycheck stopped being garnished, over a period of years. After that point, mom declined to pursue further.

Since she has already contributed 100% support of this child for almost all its life, it's obviously unfair to treat both parents equally in pursuit of support.


The state will still require that both parents support the child.
 

Isis1

Senior Member
small, the government won't care whether or not mom took care of the child before. all they will care about is who is taking care of the child NOW. and both mom AND dad will be held responsible.

so if you go for child support, you will have to go for child support from BOTH parents.

if you go for TANF, the state will go after BOTH parents for you.

mom should continue raising her own child and continue with collecting child support from dad.
 
It is actually our choice, since as legal guardians we will apparently have the ability to file.

I assume that since Mom literally has nothing, her practical support will be minimal. In that case we could conceptually file and return any money (it seems quite unlikely she could be asked to pay anything) to her. Yes?
 

Isis1

Senior Member
It is actually our choice, since as legal guardians we will apparently have the ability to file.

I assume that since Mom literally has nothing, her practical support will be minimal. In that case we could conceptually file and return any money (it seems quite unlikely she could be asked to pay anything) to her. Yes?

if you wanted to do that, yes, perfectly legal.
 

Zigner

Senior Member, Non-Attorney
This question is brought about solely as a way to exact some sort of vengeance against the father of the children...NOT as a way to make sure the parents support their children.
 

Proserpina

Senior Member
It is actually our choice, since as legal guardians we will apparently have the ability to file.

I assume that since Mom literally has nothing, her practical support will be minimal. In that case we could conceptually file and return any money (it seems quite unlikely she could be asked to pay anything) to her. Yes?


Is Mom disabled? Working?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top