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Joint physical custody & joint physical placement of son. Social Services taking me to court for support; mom getting assistance

Westfield, NY |

His mom & I have a great co - parent relationship . I work seasonal 1st shift & take on line college courses , she works 2nd shift so I have our son up to 90 percent of the time . He has his own bedroom here . I remarried & my ex allows us to claim my son on our taxes & I write his mom a check for half of his tax credit ( $ 500 ) . Everything is truly 50 / 50 . This arrangement has been in place since 6 / 10 . She works as a waitress & gets enough aid for her rent . I have mortgage / vehicle / utility payments , etc . Now social services filed against me claiming that I have FAILED to support our son & they want to make me pay child support which may open old wounds & actually take money from me that I use on my son's behalf . His mom & I are livid & she is going to court with me to fight on my behalf .

Attorney Answers 3

Posted

You need to contact an attorney in your area. It would appear that mother did not disclose the entire arrangement the two of you have as it relates to your son when she applied for benefits. My guess is she claimed full custody and probably indicated that she received no direct support from you, which is true. I am further guessing that she did not disclose how much time you have withyour son or your financial cointribution to his upbringing. If she goes to court with you and states the truth, it could very well have an impact on the benefits she receives.

The answers provided are for informational purposes only and shall not be considered legal advice on your specific fact situation. If you would like information specific to your particular fact situation, please feel free to contact me directly.

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Asker

Posted

Thank you for your quick response. I cannot afford an attorney yet because my seasonal job starts back up next month. She told me today that social services is requesting a copy of our custody order, which they received multiple times already. When we first split up, I went on assistance temporarily so that I could find a job which would allow maximum time with my son, which I did, & I have nothing to do with social services now (my son is on the family health insurance plan through my wife's job). They claimed, at the time, that they never dealt with a joint physical custody/physical placement scenario & thus their system wasn't set up for it. They were giving me cash & they gave her food stamps. Now I receive nothing from them (which is good) & she gets food stamps for our son.

Larry David Stassin

Larry David Stassin

Posted

I can't believe they said they have never dealt with that scenario. Just be sure that the custody order shows joint legal and physical custody. if it states that due to the amount of time you have your son, there is no support changing hands, you should be ok. Good luck!

Posted

The financial assistance that she is getting may have prompted the county to sue if they determined you are paying less than the child guidelines amount of support in the absence of an existing agreement or court order. The action will not take money away from your child, but will possibly take more money from you. It helps that mom is an ally, not an adversary, but that will not be determinative. Try to get an attorney and see what s/he can do.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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Posted

Thank you. I am hoping that the amount of time that I have him every week plus being a custodial parent helps. She also has two children from a previous relationship which I will bring up.

Posted

It could be that the support they, social services, seek is for medicaid. If you or your ex do not provide medical insurance the county would be looking of reimbursement from both of you. You should speak with your ex about what she may or may not have said to the county and then seek the advice of an attorney.

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Posted

Thank you for your reply. My wife acquired a family insurance plan & she put my son on it. My ex hasn't reported it but I did call social services, more than once, to report that he needed to be taken off of medicaid but they never called me back. I also found a case law that will help me out; Riemersma v Riemersma. I have more waking hours with our son.

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