NYS- SD is on Medicaid and they are "making" her file for CS..Advice
Need some advice. Myself or FDH aren't really sure what to expect or do. BM is saying that she got a letter in the mail stating the NYS Medicaid is filing for CS. Not sure what to expect or do:
Facts:
-SD is on Medicaid
-BM and FDH do not have a court ordered CS amount, he pays her an agreed upon amount each month in the form of a check. Noted "SD Child Support MONTH"
-FDH is also on Medicaid. We are not married. When we had BS, I had the better job that made the most money, so I kept mine. We can't afford day care. FDH stays at home and when I get off work, he goes to work, part time.
-FDH makes under the poverty level.
-We have a joint banking account. Would this effect the outcome of CS? Should we separate accounts?
Also, can NYS come after his tax refund?
Assumptions: LOL
BM has been getting these letters for years. I'm not sure what they say or include. I would think Medicaid would need to contact FDH in order to get him subpoenaed for court. I guess she hasn't given them the info on where we live etc. He has not received anything from Medicaid.
I think she wants to file and is using this as an excuse to make it look like she isn't trying to come after him. I don't mind paying for CS, but I want to get my ducks in row before all this happens.
Thanks ladies and the few gentlemen for the advice!! I'm at work, so I'll try to answer questions as I can.
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Comments
Yes, Medicaid is a medical
Yes, Medicaid is a medical aid. In NYS, they want money from the "absentee" parent.
What Medicaid doesn't know is that he does pay an amount each month. But she hasn't given them any info.
The courts will look at that
The courts will look at that money as a gift. No formal arrangements and a gift of money every month.
Be prepared for your lives to change dramatically. By all accounts on here, NYS is one of the worst states when it comes to rights for the NCP. He should hire an excellent lawyer, otherwise there is a huge chance they will consider your FH in arrears from the beginning.
Thankfully, we don't have
Thankfully, we don't have anything overdue, but SD has been on Medicaid since she was born. Would they consider going back that far to collect for any type of medical expenses?
With day care being over $800
With day care being over $800 a month, there is no way we could afford it plus rent and bills. We just can't swing it. When BS is old enough for pre-school, he will go back to work full time.
If he works nights (full
If he works nights (full time) and you work days, then there would be no need for day care. I have plenty of friends who husbands work for transit who did just that when their kids were younger. As soon as the kids were old enough to attend prek or kindergarten, the dad switched to days.
As long as the kid (and dad) is receiving Medicaid, he should work full and the state should recoup the money they are paying.
He has been looking for a
He has been looking for a full time 2nd shift, night position. Jobs are very few and far between in upstate. Right now, he has two part time jobs and most nights he gets home at 1am.
Medicaid is public
Medicaid is public assistance/state aid. They definitely will look into child support. The state is doing what they are suppose to do - making sure they are supporting a child that has parents that should be providing. They are the state so they can garnish wages/tax refunds.
I've heard that too, that
I've heard that too, that what he is giving her is considered a "gift".
They were never married. When
They were never married. When they split, he felt that she held all the cards. He did what ever she asked him to do so he could see his daughter. He would have to take her to concerts, doctors appointments, etc. BM didn't drive then, so she made him her personal bitch and held SD over his head.
He know has a custody agreement, but custody and CS don't go hand in hand here.
If BM wants CS, she ahs to file it. But they have a spoken agreement. I think it's stupid. I feel that she should go through the court. The reason, I feel, she doesn't, is so when they argue she can say that she is going to take him to court for child support. He doesn't care if she takes him to court for it or not. She just like to threaten him as much as she can. She is running out of ammo though.
No, he isn't under paying
No, he isn't under paying her. He is actually right around the 17% the state requires.
I didn't know that he could file as well. I was under the impression the Custodial Parent had to.
No it works for OUR kid, who
No it works for OUR kid, who lives with us full time.
If FDH just worked because of Kid #1, then we wouldn't have a place to live or food on the table. We do what we must to survive in todays society.
So now we could get into the
So now we could get into the argument of, Why should he not be able to have a life with someone else just because he has a kid with someone else, etc.
There are so many different views to this and I'd rather not get into it on this blog. You are starting an argument that is unnecessary.
I may hit a nerve with "we have to do what's best", but please just stop. There are two households, BM's and Mine. I will always choose what is best for my household.
I know what NYS will say,
I know what NYS will say, first child is number one priority, but they won't tell him that he shouldn't have had a second kid if he couldn't support the first. That has nothing to do with anything.
I'm not trying to figure out
I'm not trying to figure out what's fair and what isn't. Nothing in life is fair. I just want to know what the courts will consider and what to expect when and if this happens. I want to be prepared for anything that can happen and keep my income for my household.
What part of NY are you
What part of NY are you in?
I'm in Brooklyn. Here, either parent can go in, fill out the forms and request a CS order. They will give you the completed forms to serve the other parent and a date to return. The whole process is free and you don't have to a lawyer.
This is pretty normal. But,
This is pretty normal. But, honestly he should have had a CO and CS through the state. Now he has no proof he paid. BM isn't going to help him and tell them he does pay. The state is going to want their cut. She has been getting Medicaid, they will try and collect from someone. Do not put your money in his acct. Odds are good it won't affect this years tax return, since they haven't started the process, but it will probably affect next years. He needs to get a better job.
" But, honestly he should
" But, honestly he should have had a CO and CS through the state." I agree, he has a custody order but not the CS. I would love to have the CS through the courts/state, she just won't file for it.
Then he should....He needs to
Then he should....He needs to make it legal otherwise all the money he paid is seen as a gift. I wouldn't give her another dime and force her hand.
Cant he file for it? (for him
Cant he file for it? (for him to pay)
Yes he can. All he has to do
Yes he can. All he has to do Is go to the CS office just like she would. I've done it before.
I'm surprised Medicaid didn't
I'm surprised Medicaid didn't do this sooner. In my state they want all of that done pending approval for assistance.
In some of DHs paperwork from his divorce from BM2 it states that she had to pay back public assistance. I'm not sure what that means in her case but it's in there.
I'm surprised as well. That
I'm surprised as well. That would make sense, but a lot of things in NYS don't make any sense.
Is dad listed on the kid's
Is dad listed on the kid's birth certificate? If not, mom may have lied about not knowing who that dad is. If he is listed, she may have lied and siad she has idea where he is and no contact info on him.
Doesn't make sense, from what
Doesn't make sense, from what I'm gathering from other people, he can.
So, my question, should we
So, my question, should we separate our finances? I have heard on here since he makes so little, that it's a possibility the court would look at my income. We are not married.
And BM lives with her parents and her sister, if they had to look at my income, would they look at who she lives with as well.
It wouldn't be an easy task,
It wouldn't be an easy task, I'd like to avoid it if possible.
I had to google imputed income....he's not being underemployed just avoid CS. I wonder how they would calculate this.
Haha! Good question! Since
Haha! Good question! Since courts favor mom's, how would they figure this one out.
Get rid of the joint account
Get rid of the joint account or use it for his money only. They can go after the joint account because his name is on it.
He's making the choice to
He's making the choice to only work part time. While they may not look at your income, they may very well input what he has the potential to make.
Thank you for the websites. I
Thank you for the websites. I haven't been able to find anything pertaining the cs and state welfare. There are very few resources.
"-FDH is also on Medicaid. We
"-FDH is also on Medicaid. We are not married. When we had BS, I had the better job that made the most money, so I kept mine. We can't afford day care. FDH stays at home and when I get off work, he goes to work, part time.
-FDH makes under the poverty level." [OP]
It's unusual that an unmarried adult male qualifies for Medicaid all by himself. By chance are you and your 'our child' also on Medicaid? I guess what I am wondering is as to how the state really expects to recoup Medicaid from a man also himself on Medicaid. My line of thinking here is that the monthly private check your DF is sending directly to BM , if instead were going through the state CSE that the state would grab their chunk before whatever if anything if left would go to BM. But the father himself qualifies for and is on Medicaid. Couldn't the first child be listed under Dad's case number as his dependent?
Myself and my son are not on
Myself and my son are not on Medicaid. I pay for our insurance, through my job. If we were married, then I would have him on mine. And I think I can get SD on my insurance as well, if we were married. I know my mom did that with her stepson. But we don't plan on getting married for a few years. We have to get debt and things sorted out before we do.
It was actually super easy to get him state insurance. It was when the Obama care started. It's actually a little scary as to how easy it was.
I was wondering that myself, how does the state expect to get much from him, when he is also on state insurance.