TANF or child support ...

[Gracie3787]

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 apply for and recieve TANF, the CS that both parents pay will be paid to the state, not you, so the only way you could return money to Mom would be if you take part of the TANF money to do so. Which will cause many many problems for you.

Also, once you recieve TANF it is out of your hands, the state WILL automatically file for a CS order from Mom.

 

[smalltown2]

Which will cause many many problems for you.

Thanks. Could you be more specific? It sounds like a CS order is the way to go, but I'm not sure what you mean here.

 

[Gracie3787]

Thanks. Could you be more specific? It sounds like a CS order is the way to go, but I'm not sure what you mean here.

TANF funds are paid by the state for the use of support for children. There are rules that allow a state agency to ask for proof of how the funds were spent. IF you were to refund Mom money it is possible that the state would stop the TANF since the child wouldn't be benefitting from it.

 

[waitinMd]

I assume that since Mom literally has nothing, her practical support will be minimal.

Not true, she would be imputed an income based on what she has the ability to make, if she does not pay, she would go to jail. If she has been making minimum wage for the past 16 years, then minimum wage would be the figure they would calculate her support from.

 

[BL]

Not true, she would be imputed an income based on what she has the ability to make, if she does not pay, she would go to jail. If she has been making minimum wage for the past 16 years, then minimum wage would be the figure they would calculate her support from.

Wrong , unless she has a degree that would allow a higher income and she chooses not to utilize it , or history of having skills with employment recently with higher pay .

Otherwise the NY State Child Support standard Act applies .

Gracie hit it on the nail .

If Mom's income is under the poverty level standard the minimum could be as low as $25.00 per month to $50.00 per month ,that the State would keep .

As to the Father ,the State would most likely also file against him .